Document 2RzXGX8dpzBgw2Vz3rg9mwa4L

INTERROGATORY ANSWERS UNITED STATES GYPSUM Volume 1 1. McCombs v. Armstrong World Industries, et al., 91 L 11 Answers to Plaintiffs First Set of Interrogatories Rec'd 1/31/92 2. McCombs v. Armstrong World Industries, et al., 91 L 11 Response to Plaintiffs First Request for Discovery P/S 1/30/92 3. McCombs v. Armstrong World Industries, et al., 91 L 11 Response to Plaintiffs First Request for Discovery P/S 1/30/92 (With Prefatory Statement and General Objections) 4. Padgett v. Owens-Corning Fiberglas, et al., 92 L 122 Response to Plaintiffs First Set of Interrogatories P/S 5/28/93 5. Neathery v. Owens-Corning Fiberglas, et al., 93 L 54 Answers to Plaintiffs First Set of Interrogatories P/S 11/09/94 6. Neathery v. Owens-Corning Fiberglas, et al., 93 L 54 Response to Plaintiffs First Request for Discovery P/S 11/09/94 7. Johnson v. Owens-Corning Fiberglas, et al., 93 L 544 Answers to Plaintiffs First Set of Interrogatories P/S 12/08/94 8. Johnson v. Owens-Corning Fiberglas, et al., 93 L 544 Response to Plaintiffs First Request for Discovery P/S 12/08/94 9. Plaintiffs Exhibit 9 in Wilkerson. 88 L 236 Berlin Plant Epidemiological Study, Jon Konzen, 12/22/70 10. Kroutil v. Owens-Corning Fiberglas, et al., 94 L 14 Answers to Plaintiffs First Set of Interrogatories P/S 3/13/95 S:\BYUNTERROGATORY NOTEBOOKS\USG.doc 07/24/2001 11. Kroutil v. Owens-Corning Fiberglas, et ah, 94 L 14 Response to Plaintiffs First Request for Discovery P/S 3/13/95 12. Kroutil v. Owens-Corning Fiberglas, et al., 94 L 14 Supplemental Answers to Plaintiffs First Set of Interrogatories P/S 4/7/95 13. Kroutil v. Owens-Corning Fiberglas, et al., 94 L 14 Supplemental Response to Plaintiffs First Request for Discovery P/S 4/7/95 S:\BYMNTERROGATORYNOTEBOOKS\USG.doc 07/24/2001 INTERROGATORY ANSWERS UNITED STATES GYPSUM Volume 2 14. Todd v. Owens-Corning Fiberglas., et al., 93 L 291 Answers to Plaintiffs First Set of Interrogatories P/S 3/28/96 15. Keilhack v. Owens-Corning Fiberglas, et al., 92 L 212 Answers to Plaintiffs First Set of Interrogatories P/S 12/29/95 16. Keilhack v. Owens-Corning Fiberglas. et al., 92 L 212 Response to Plaintiffs First Request for Discovery P/S 12/29/95 17. Price v. UNARCO industries, Inc., et al., 95 L 50 Answers to Plaintiffs First Set of Interrogatories P/S 4/30/96 18. Lewandowski v. Owens-Corning Fiberglas, et al., 92 L 3472 Answers to Plaintiffs First Set of Interrogatories P/S 5/2/96 19. Fogliano v. Abex Corn., et al.. 96 L 153 Answers to Plaintiffs First Set of Interrogatories P/S 11/5/96 20. Fogliano v. Abex Corn., et al., 96 L 153 Amended Answers to Plaintiffs First Set of Interrogatories P/S 07/16/97 21. Fogliano v. Abex Corn., et al., 96 L 153 2d Amended Answers to Plaintiffs First Set of Interrogatories P/S 8/13/97 22. Brewer v. Owens Corning., et al., 98 L 56 Response to Plaintiffs First Request for Discovery P/S 10/16/98 S:\B YUNTERROGATOR Y NOTEBOOKS\USG.doc 07/24/2001 23. Totterer v. Owens Corning., et al., 98 L 82 Responses to Plaintiffs First Set of Interrogatories P/S 11/25/98 24. Boldini v. Abex Corp.. et al., 96 L 137 Responses to Plaintiffs First Set of Interrogatories P/S 11/17/98 25. Boldini v. Abex Corp.. et al., 96 L 137 Responses to Plaintiffs First Request for Production P/S 11/17/98 S:\BY\INTERROGATORYNOTEBOOKS\USG.doc 07/24/2001 INTERROGATORY ANSWERS UNITED STATES GYPSUM Volume 3 26. Moore v. Owens Corning, et al., 99 L 102 Responses to Plaintiffs First Request for Production P/S 07/14/99 27. Monari v. Owens Corning, et al.. 98 L 443 Answers to Plaintiffs' First Set of Interrogatories P/S 08/20/99 28. Goiter v. Abex Corp., et al.. 99 L 50 Supplemental Responses to Plaintiffs Interrogatories P/S 08/12/99 S:\BY\INTERROGATORYNOTEBOOKS\USG.doc 07/24/2001 INTERROGATORY ANSWERS UNITED STATES GYPSUM Volume 4 29. Folkes v. Owens Corning, et al- 98 L 207 Responses to Plaintiffs Request for Production P/S 02/10/00 30. Folkes v. Owens Corning, et al., 98 L 207 Supplemental Responses to Plaintiffs Request for Production P/S 03/08/00 31. Caruso v. Sprinkmann, et al., 00 L 315 Response to Plaintiffs First Request to Produce P/S 06/15/01 S:\BY\INTERROGATORY NOTEBOOKS\USG.doc 07/24/2001 3F9920DIA.03 CPL/cj IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF ILLINOIS McLEAN COUNTY TERRI BURTON, Special Administrator,) of the Estate of RICHARD TODD, ) Deceased, ) Plaintiff, ) ) ) ,vs. ) no ^ NO. 93 L 291 ) OWENS-CORNING FIBERGLAS CORPORATION,) et al. , j Defendants. ) \ ^jy Heyl Royster VOELKER ' &ALLEN UNITED STATES GYPSUM COMPANY'S RESPONSES TO PLAINTIFF'S FIRST SET OF INTERROGATORIES V+y S United States Gypsum Company (hereinafter "U.S. Gypsum") has, to the best of its abilities, gathered non-privi]eged documents into a document repository for inspection by plaintiffs' counsel in response to requests for production served in asbestos litigation. These documents provide information that supplements and expands upon that provided in these answers to Interrogatories. Accordingly, by way of further response to these Interrogatories, U.S. Gypsum hereby offers to make available these documents at a mutually convenient time at its offices at 125 S. Franklin Street;, Chicago, Illinois. In giving its responses to Interrogatories as to asbestos-containing products, U.S. Gypsum refers to products containing commercial asbestos as part of their formulation and to the type of commercial asbestos used as part of the formulation. Suite 600 Bank One Building Peoria, Illinois 61602 Fax (309) 676-3374 (309) 6764)400 NAft 2 9 tHB 3F9920DIA.03 CPL/cj OBJECTIONS U.S. Gypsuin objects to the manner in which plaintiff has defined U.S. Gypsum to the extent that plaintiff purport:s to include in its definition of U.S. Gypsum predecessors-in interest, subsidiaries, and successors -in-interest of the corporate defendant. In that U.S. Gypsum Company is the named defendant, this definition is overly broad and would require U.S. Gypsuin to engage in unduly burdensome research, divulge privileged information and produce privileged documents. This defendant. United States Gypsum Company, responds to these Interrogatories on behalf of itself. U.S. Gypsum further objects to these Interrogatories to the extent they seek information or documents protected by the attorney-client privilege and the work product rule and to the extent they seek trial preparation or expert materials or documents. Finally, U.S. Gypsuin objects to these Interrogatories to the extent they ask for "identification" of voluminous documents on the ground that they are overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. As set forth infra, U.S. Gypsum will produce documents which are the proper suhjo< is of an appropriate document request. HEYLROYSTER VOELKER &ALLEN Suite 600 Bank One Building Peoria, Illinoil 61602 Fa* (309) 678-3374 (309) 6764)400 INTERROGATORY NO. 1: State the exact name, date and state of incorporation of the corporation providing the answers to these interrogatories and the name of the agent or officer -2- 3F9920DIA.03 CPL/cJ who has taken the "reasonable steps to search the "corporate memory" of the corporation (1) investigating the contents of the corporation's records, and (2.) trying to ascertain the knowledge of other corporate agents" as required in Campon v. Executive House Hotel, Inc., 105 111. App. 3d 576, 587 fist Dist. 1982). ANSWER: The exact name of this defendant is United States Gypsum Company. The state of incorporation for this defendant is Delaware. M.L. Higley, Director, Financial Services, United Stales Gypsum Company, has reviewed these Responses for the purpose of satisfying the verification requirements. These Responses have been prepared based on the continual review of documents located in this defendant's files and information obtained from discussions with this defendant's employees over a period of many years. It is not possible to reconstruct each step taken to gather this information or to verify all documents which might possibly pertain to the matters at issue that have been located or examined in connection with these Responses. Nor is it possible to specifically identify by name each person who has participated in the preparation of those Responses >>' to identify each document which may have provided informal ion used in preparing these Responses. HEYL ROYSTER VOELKER &ALLEN Suite 600 Bank One Building Peoria, Illinois 61602 Fa* (309) 676-3374 (309)6764)400 INTERROGATORY NO. 2: State the name, address, phono number and subject of testimony of those persons which you will call as witnesses at trial. -3- 3F9920DIA.03 CPL/cj ANSWER: See this Defendant; s Disclosure of Experts previously filed in this case INTERROGATORY NO. 3: State the following regarding each statement (whether oral or written, signed or unsigned) concerning the occurrence described in the complaint: the name and last known address of the person making the statement; when, where and by whom the statement was taken; whether there is any tangible preservation of the statement, and if so, the name and address of the person having possession of the same. ANSWER: None. INTERROGATORY NO. 4: Tf any private firm or company adjuster has been directed to investigate the occurrence or ask questions of persons who may have knowledge of farts concerning the occurrence, state the full name and address of each such firm or adjuster. ANSWER: None. INTERROGATORY NO... .5 : Tf you have any information regarding RICHARD TODD'S physical condition other Ilian t bat- information furnished you by Plaintiff's counsel, slate I bo nature of the information, the name and address of ils source, and if documentary in nature, its present location. HEYLROYSTER VOELKER &ALLEN ANSWER: None other than medical records received pursuant to formal discovery. Suite 600 Bank One Building Peoria. Illinois 61602 Fax (309) 676-3374 (309) 6764)400 3F9920DIA.03 CPL/cj INTERROGATORY NO. 6: If any photos worn taken of the scene of the occurrence or of the persons or objects involved, state the total number of photos, the date of each photo, and the present location of each photo. ANSWER: None. INTERROGATORY NO. 7: If you were named or covered under any policy of insurance which provides coverage for any claim stated in the complaint, state as to each such policy: the name of the company; the policy number; the effective period; the maximum liability limits; what amounts, if any, have previously been paid under the policy which in the opinion of the carrier reduces the coverage available; whether the carrier denied coverage or tendered a defense under a reservation of rights; whether the policy contains and first party medical pay nr disability coverage, and, if so, describe the coverage; and which, if any, of the carriers listed in your answer is providing a defense to this suit. ANSWER: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible eviden*. INTERROGATORY NO. 8: State the name and address of each person who has employed the lawyer(s) representing yon in this HEYLROYSTER VOELKER &ALLEN case. Illinois Supreme Court Rule of Professional Conduct 3.3(a) (8). Suite 600 Bank One Building Peoria. Illinois 61602 Rut (309) 676-3374 (309) 6764)400 3F9920DIA.03 CPL/cj ANSWER: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and privileged, Withonl waiving this objection, this defendant: is represent* d by Heyl, Royster, Voelker & Allen in this matter and consents to said representation. INTERROGATORY NO. 9: State the following about each current employee of Defendant who has a. medical degree: name, business address, job title, and whether the person completed a residency in either public health or occupational medicine. ANSWER: See this defendant's response, to Interrogatory No. 11. With respect to whether or not these individuals completed a. residency in public health or occupational medicine, non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IT,. INTERROGATORY..NO. 10: State the Following about: each current employee of Defendant who is an industrial hygienist: name, business address and job title. ANSWER: This defendant employed F. Tremmol as an industrial hygienist from August 4, 1.98ft to Tune 21. 1988. He heylroyster VOELKER &ALLEN was succeeded in that position by R. P. Musselinan, Corporate Toxicologist. Prior to August 4, 198fi, this defendant did not employ a certified industrial hygienist. Suite 600 Bank One Building Peoria, Illinois 61602 I-ax (309) 676-3374 (309) 6760400 -6- 3F9920DIA.03 CFL/cj This defendant employed H. Lawton as an industrial hygienist from 8/17/87 to 12/90 and H. C. Brown as an industrial hygienist from 9/28/87 to 11/90. heylroyster VOELKER &ALLEN Suite 600 Bank One Building Peoria, Illinois 61602 Fax (309) 676-3374 (309) 6760400 INTERROGATORY NO.....11: Has Defendant ever had one or more persons whose primary responsibility included looking after or monitoring the health of Defendant's employees, such as a medical director? If so, state the following as to each person who has held this position: (a) the name and address of the person; (b) the name of the position he or she held; (c) the dates during which he or she held the position; (d) the address of his or her office during the time he or she held the position; (e) state whether there was a written job description for that position at that time; (f) if there was a written job description, set forth the words of the description or attach a copy hereto. ANSWER: (a-d) Objection. This defendant objects to the phrase "looking after or monitoring the health of defendant's employees" as being vague and ambiguous. In addition, there has been m< allegation that plaintiff was ever an employee of this defendant. Therefore, this Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving these objections, U.S. Gypsum's Chief Medical Officers: C. A. Hedblom, M.D., 101 South Wacker Drive, Chicago, Illinois, 1974 to 8-31-89 (retired). W. Highstone, M.D., 1939 to 1974 (deceased). -7- 3F9920DIA.03 CPL/cj In addition, U.S . Gypsum retained or consulted "outside doctors " who provided services to its employees. See attached Exhibit No. 1. (e-f) The Medical Director operated a medical facility in Compaiay general offices; conducted and managed a medical program; and furnished counsel as required to assure the health and well being of Company employees. Medical Director reported to the Vice President of Personnel. INTERROGATORY NO. 12: Has Defendant ever directed or contributed money toward a study of the effects of asbestos upon the health of animals or man? If so, state the following as to each such study: (a) the description or title of the study; (b) the dates during which it was made; (c) brief description of the study; (d) whether any of the results were reported into written form, and if so, who now has a copy of the report. ANSWER: U.S. Gypsum is aware of tests which were performed to measure the release of asbestos fibers during the mixing and sanding of joint compounds. U.S. Gypsum Company contributed t:o a study conducted beginning approximately 1936 by Dr. Gardner of the Saranoe Laboratory. Non-privileged, responsive documents, to the extent they HEYLROYSTER VOELKER &ALLEN exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. Suite 600 Bank One Building Peoria, Illinois 61602 Fax (309) 676-3374 (309) 676*0400 -8- 3F9920DIA.03 CPL/cj INTERROGATORY NO. 13: Have there been any studies of the effect of asbestos upon the health of any of Defendant's employees? If so, state: (a) the description or title of the study; (b) the dates during which it was made; (c) the location or locations of the plants at which the employees were employed; (d) the number of employees studied; (e) brief description of the study; (f) whether any of the results were reported into written form, and if so, who now has a copy of the report. ANSWER: Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. INTERROGATORY NO. 14: Have there been any instances where asbestos was a cause of mesothelioma in man? ANSWER: Objection. This defendant objects to this Interrogatory on the basis that it constitutes an improper form of discovery in that plaintiff in effect is submitting a disguised request for admission. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to offer. This Interrogatory improperly seeks to HEYLROYSTER VOELKER &ALLEN obtain facts and opinions held by medical experts. Without waiving these objections, see attached Exhibit No. 2. Suite 600 Bank One Building Peoria. Illinois 61602 Fax (309) 676-3374 (309) 6764)400 -9- 3F9920DIA.03 GPL/cj INTERROGATORY NO. 15 How much asbestos is necessary to cause mesothelioma in man? ANSWER: Objection. This defendant objects to this Interrogatory on the basis that it constitutes an improper form of discovery in that plaintiff in effect is submitting a disguised request for admission. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to offer. This Interrogatory improperly seeks to obtain facts and opinions held by medical experts. Without waiving these objections, see attached Exhibit No. 2. INTERROGATORY NO. 16: What is the maximum about of asbestos to which an individual can be exposed without increasing the risk that the individual will contract mesothelioma? ANSWER: Objection. This defendant objects to this Interrogatory on the basis that it constitutes an improper form of discovery in that plaintiff in effect is submitting a disguised request for admission. This Interrogatory calls Cor a medical conclusion which no employee of this defendant is qualified to offer. This Interrogatory improperly seeks to obtain facts and opinions held by medical experts. Without waiving these objections, see attached Exhibit No. 2. HeylRoyster VOELKER &ALLEN Suite 600 Bank One Building Peoria, Illinois 61602 Fax (309) 676-3374 (309) 6764)400 INTERROGATORY NO. 17: Has Defendant issued a warning about the relationship between asbestos and mesothelioma? If so, state as to each such warning: -10- 3F9920DIA.03 CPL/cj (a) the language of the warning; (b) date first issued or distributed; (c) date last issued or distributed; (d) the method of communication or distribution used (e) the name, position at that time, and current address, position and employer of each person ordering or recommending the warning. ANSWER: Specifically with respect to mesothelioma, not to this defendant's best current knowledge, information and belief. With respect to other warnings issued by this defendant on its asbestos-containing products, see attached Exhibit No. 3. INTERROGATORY NO. 18: If your answer to the preceding interrogatory was affirmative, list the name and address of each employee of Defendant who was responsible to investigate whether the warning was reaching the persons who were breathing or ingesting sufficient amounts of asbestos to be at risk of contracting mesothelioma. ANSWER: See this defendant's response to Interrogatory No. 17. HEYLROYSTER VOELKER &ALLEN INTERROGATORY NO. 19: If your answer to the second preceding interrogatory was affirmative, list the name and address of each employee of Defendant who was responsible to investigate whether the warning provided the persons at risk of contracting mesothelioma with a sane appreciation of the Suite 600 Bank One Building Peoria. Illinois 61602 Fax (309) 676-3374 (309) 6764)400 -11- 3F9920DIA.03 CPL/cj severity of the disease and the probability of contracting the s ame. ANSWER; See this defendant's response to Interrogatory No. 17. INTERROGATORY NO. 20: Did Defendant sell, ship or deliver any asbestos containing products to any of the entities or sites listed on Exhibit B to the Complaint? If so, state the following: (a) the type and quantity sold, shipped or delivered (b) the date; (c) describe or attach the documents evidencing such sale or shipment. ANSWER: Objection. This Interrogatory is overbroad in scope of time. This defendant discontinued manufacturing products with asbestos as part of their formulations in 1977. Inquiries into years subsequent to 1977 will not lead to the discovery of admissible, evidence. Without waiving this objection, this defendant responds as follows: U.S. Gypsum does not possess any records maintained in the normal course of business which identify who the ultimate user of the product was or where it was installed. With that limitation, U.S. Gypsum responds as follows: Prior to 166, U.S. Gypsum sold its construction products, some of which may heylroyster VOELKER &ALLEN have contained small amounts of asbestos, exclusively through independent dealers. Beginning in about 1966, U.S. Gypsum sold its construction products either directly to independent Suite 600 Bank One Building Peoria. Illinois 61602 Fax (309) 676-3374 (309) 6764)400 -12- 3F9920DIA.03 CPL/cj contractors, independent distributors or, as had previously been the custom, through independent dealers. This defendant has no sales records for the years prior to 1965, other than records of gross sales of individual products by plant. Sales records thereafter are contained in computer printouts. Records of products which the plaintiff can establish were relevant to the subject matter of this lav/suit will be made available for inspection at a mutually convenient time at 125 South Franklin Street, Chicago, IL 60606, pursuant to a properly filed request to produce. Other non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. HEYLROYSTER VOELKER &ALLEN INTERROGATORY NO. 21: If your response to any interrogatory is an objection that it was burdensome, state the name, address and position of the person most knowledgeable about the effort that would be required to answer the interrogatory and the estimate of that person regarding the man-hours that would be required to answer the interrogatory. ANSWER: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Suite 600 Bank One Building Peoria, Illinois 61602 Fax (309) 676*3374 (309) 6764)400 -13- STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) VERIFICATION I, M. L. Higley, declare: I am the Director, Financial Services, of United States Gypsum Company, one of the above named defendants, and am authorized to make this verification for and on behalf of said company; I have read the foregoing Answers, Objections, and other Responses to Plaintiffs' Interrogatories and am informed and believe that the same is true and on that ground allege that the matters therein stated are true. I declare, under penalty ofpeijury, that the foregoing is true and correct, and that this Irf/uiA iJL h'declaration was executed on % in Chicago, Illinois. m tfyt&Asd/}Subscribed and sworn to before me this day of , 1996. Notary Public 3F9920DIA.03 CFL/cj PROOF OF SERVICE The undersigned certifies that a copy of the foregoing instrument was served upon the attorneys of record of all parties to the above cause by enclosing the same in an envelope addressed to such attorneys at their business address as disclosed by the pleadings of record herein, with postage fully prepaid, and by depositing said envelope in a U.S. Post: Office Box in Peoria, Illinois, on the day of ...., 1996. (See attached list) lEYLROYSTER VOELKER &ALLEN Suite (VX) Bank One Building I'coriu, Ulinoift 61602 tiix tfCW) 676*337-1 (309) 676-0-400 EXHIBIT 1 February 1, 1989 Plant Clinics and Medical Personnel Retained/Consulted ________1930--1976 Schedule Oakfield. New York R. C. Warn, M.D. J. Diasio, M.D. . ' Chamb'lee. Georgia ' H. M. Schreeder, M.D. W. C. McGraw, M.D. Greenville. Mississippi J. B. Hirsch, Sr., M.D. O. Beck, M.D. J. B. Hirsch, Jr., M.D. ` Corsiciana. Texas A. L. Grizzafi, M.D. Dallas. Texas Launey Medical & Surgical Clinic D. G. Launey, M.D. S. L. Gilbert, M.D. F. C. Atkinson, M.D. R. F. Duchouquette, M.D. W. D. Stevenson, M.D. D. H. Waddell, M.D. R. R. Henry, M.D. Z. L. Darneron, M.D. W. D. Lee, M.D. A. H. Teddle, M.D. Trinity Medical Clinic Jacksonville. Florida J. H. Mitchell, M.D. J. L. Mitchell, M.D. Plasterco. Virginia J. A. Soyars, M.D. P. W. Cowherd, M.D. ' Page 1 of 8 Sweetwater. Texas C. A. Rosebrough, M.D. A. H. Fortner, M.D. S. A. Loeb, M.D. J. K. Richardson, M.D. T. D. Young, M.D. F. Hood, M.D. R. L. Price, M.D. Detroit. Michigan R. L. St. Louis, M.D. K. Hergt, M.D. East Chicago. Indiana R. J. Liehr, M.D. F. F. Boys, M.D. F. A. Benchik, M.D. G. A.'Thegze, M.D. J. Demkowicz, R.N. Fort Dodge, Iowa Fort Dodge Medical Center T. J. Michelfelder, M.D. C. L. Dagle, M.D. M. E. Kraushaar, M.D. J. J. Landhuis, M.D. G. L. LeValley, M.D. J. W. Rathke, M.D. R. H. Brandt, M.D. J. R. Kersten, M.D. W. C. Robb, M.D. H. H. Kersten, M.D. R. E. Woodard, M.D. Gvosum. C. A. P. K. K. M. Ohio J. Yeisley, M.D. J. Miessner, M.D. Hughes, M.D. Ritter, M.D. Akins, M.D. Jennings, R.N. Shoals. Indiana E. B. Lett, M.D. R. E. Chattin, M.D. Page 2 of 8 t Empire. Nevada Sparks Medical Clinic J. M. Watson, M.O. M. Raymond, M.D. J. C. Kelly, M.D. F. C. Stokes, M.D. . ' - Torrance. California P. Casey, M.D. J. Anable, M.D. Dr. Cook South Gate. California H. Caesar, M.D. Family Medical Clinic (Various physicians. Firestone Medical Group (Various physicians. - Names unavailab Names unavailab: Tacoma. Washington B. Archer, M.D. Walworth. Wisconsin D. R. Hansen, M.D. I. J. Bruhn, M.D. J. A. Carroll, M.D. A. C. Sapida, M.D. Walworth Family Medical * Center . * Boston. Massachusetts V. Rubin, M.O. E. Staffier, M.D. A. C. Leavitt, M.D. Sullivan Square American Mutual Insurance Clinic Massachusetts General Hospital Clark. New Jersey C. T. Decker, M.D. F. B. Nelson, M.D. C. F. Dent, M.D. E. E. Goe, M.D. S. Wexler, M.D. . Oakmont. Pennsylvania ' C. E. Piper, M.D. F. W. Nicklas, M.D. H. Hagan, M.D. Citizens General Hospital * Page 3 of 8 w. Franklin Park. Illinois Northwest Medical Clinic LTD. L. Devira, M.D. Franklin Park Medical Center V. Oelrich, R.N. Rosemont. Illinois O * Hare Industrial Clinic Fahey Medical Center Rush Presbyterian - St. Lukes Occupational Health Center . ' ' Galena Park. Texas J. Nichols, M.D. Deaton Clinic ... Siqurd.' Utah . ' T. D. Bard, M.D. R. E. Noyes, M.D. R. N. Malouf, M.D. J. G. McGuarrie, M.D. G. A. Buchanan, M.D. ' ... _iT.-B. Cluff, M.D. Genoa. Ohio E. D. Schuiteman ' . Norfolk. Virginia E. R. Altizer, M.D. __ . W._ .H. .Whitmore, M.D. G. A. Duncan, M.D. F. Walter, M.D. A. A. Burke, M.D. R. L. Payne, M.D. J. L. Rosenthal, M.D. P. B. Parsons, M.D. J. Sakakini, M.D. K. Jones, M.D.. V. H. Ober, M.D. . Dr. Albanese J. Foster, M.D. G. G. Hollins, M.D. Dr. Labstein J. M. Ratliff, M.D. ...........J.. A. Vann, M.D. C. B. Trower, M.D. R. W. Adams, M.D. R. R. Powell, M.D. C. Pole, M.D. G. A. Duncan, M.D. * Page 4 of 8 Norfolk, Virginia ^continued) D. C. Pryor, M.D. E. A. Buchan, M.D. Dr. Kuehn Santa Fe Springs. California J. W. Raber, M.D. Raber Industrial Medical Group Morrow. Georgia . N. Bateman, M.D. . Stonv Point. New York Dr. Borsinger Dr. Natelson - Dr. Zuka Nyack Hospital Sperrv. Iowa ' H. M. Patterson, D.O. ' J. F. Roules, M.D. ' Burlington Medical Center Wabash. Indiana F. Whistler, M.D. R. M. LaSalle, Jr., M.D. R. M. LaSalle, Sr., M.D. R. M. LaSalle, M.D. W. D. Boaz, M.D. P. Ferguson, M.D. F. Smyrniotis, M.D. J. E. Haughn, M.D. LaSalle Clinic Baltimore, Maryland C. C. Chiu, M.D. F. G. Mainolfi, M.D. ' Fort Medical Center North Kansas Citv. Missouri Industrial Clinic North Fairfax Industrial Medical Clinic New Orleans. Louisiana B. Pardue, M.D. J. Dean, M.D. Downman Road Clinic Page 5 of 8 Southard. Oklahoma _ R. Richardson, M.D. R. Kirby, M.D. T. Perry, M.D. R. Tavlin, M.D. ,, K. Godfrey, M.D. R. McLauchlin, M.D. M. Carter, M.D. C. H. Williams, M.D. .. B. D. Dotter, M.D. F. Crowe, M.D. D. Lagan, M.D. ' ..........G. Worcester, M.D. Warren. Ohio .. R. Willoughby, M.D. Birmingham. Alabama Thuss clinic ' W. G. Thuss, M.D. . R. <7. Smith, M.D. Union Citv. Tennessee J. H. Ragsdale, M.D. R. E. Clendenin, M.D. R. G. Latimer, M.D. J. K. Avery, M.D. L. W. Jones, M.D. H. Butler, M.D. J. Cambell, M.D. Doctor's Clinic of Union City Alabaster. Michigan J. J. Austin, M.D. H. Brinkman, M.D. ` M. E. Field, M.D. J. R. Gehman, M.D. J. W. Grigg, M.D. M. Guerany, M.D. _ H. R. Hess, O.D. J. E. Jaques, M.D. L. Kelley, M.D. V. W. Kershul, M.D. L. A._Lambert, M*D. L. A. Laporte, M.D. 0. W. Mitton, M.D. R. Morin, M.D. N. Payea, M.D. R. J. Ruda, M.D. G. L. Schaiberger, M.D. * Page 6 of 8 > ' Alabaster. Michigan (continued! J. M. Schuele, M.D. R. L. Sutton, M.D. Z. E. Taheri, M.D. W. Williams, M.D. Kearny, New Jersey Plant closed J. Borino, M.D. J. Grund Fest, M.D. Boonton. New Jersey Acquired 1985 Camden. Mew Jersey Plant closed A. Marks, M.D. ' Occupation Health Services Trenton. New Jersey Plant closed P. Albert, M.D. Helene Fuld Medical Center Paulsboro. New Jersey Acquired 11/30/87 New Brighton, New York Plant closed H. Crane, M.D. F. Tellefsen, M.D. E. Morris, M.D. Saint Vincent's Hospital Staten Island Hospital Port Reading, New Jersey Acquired 6/76 Fremont. California Acquired 1983 Philadelphia, Pennsylvania Plant sold Convers. Georgia ' Acquired 12/10/80 Mansfield. Texas Acquired 8/81 * Page 7 of 8 Spruce Pine _ Acquired 5/12/79 LaMirada. California Acquired 6/81 U.S. Gypsum has no information on medical personnel f the plants at Jersey City, NJ; St. Paul, MN; Midway, IL; South Plainfield, NJ; Midland, CA? Heath, MT; Loveland, CO; Milwaukee WI; Nephi, UT; and Philadelphia, PA, which are now closed. In addition, no record information is available for Plaster City, CA. U.S. Gypsum has no information for the plant at Red Wing, l for years prior to 1985. U.S. Gypsum owned Red Wing in the mid1960s prior to selling the plant to Conwed Corporation, and USG Acoustical Products,'Company (now USG Interiors, Inc.) reacquire the facility in late 1985. Page 8 of 8 EXHIBIT 2 United States Gypsum Company has been aware since the mid-1930's that inhalation of large quantities of asbestos fibers for long periods of time could produce a pneumoconiotic lung condition known as asbestosis. United States Gypsum Company is presently unaware of specifically now it acquired this knowledge. United States Gypsum Company is not aware of precisely when it first knew of the relationship between the inhalation of asbestos fibers and the development of bronchogenic carcinoma, except that it does know that one of its employees. E. C. Beuthin. United States Gypsum Company's first Safety Director, has stated in his deposition that he attended a conference in 1955, at which papers discussing this relationship were presented. Documents produced in other litigation pertaining to this issue have come to U. S. Gypsum's attention. These documents were produced by other parties; U. S. Gypsum has not found them in its own files and can make no representations concerning the origin or authenticity of those documents. The documents suggest that in approximately October 1948, U. S. Gypsum may have received a draft report concerning inhalation experiments on laboratory animals exposed to high levels of asbestos dust. It was reported that some of the animals developed lesions described variously as lung cancer and non-malignant adenomas. U. S. Gypsum believes that these are the same experimental results reported to the National Cancer Institute by Dr. L. U. .Gardner in 1943 and Dr. Kenneth M. Lynch in 1947 and referred to by Dcs. Lynch, Mclvec and Cain in their 1956 published article, "Pulmonary Tumors In Mice Exposed To Asbestos Dust," 15 A.M.A. Archives of Industrial Health 207 (March 1957), which was received for publication in 1956. United States Gypsum Company is now aware that the first published study which established a direct association between the inhalation of asbestos fibers and the development of mesothelioma was the 1960 epidemiological study entitled "Diffuse Pleural Mesothelioma and Asbestos Exposure in the North Western Cape Province" by J. C. Wagner, et al., which described mesothelioma occurrence among persons exposed to ccocidolite. at or near crocidolite mines in South Africa. United States Gypsum Company is not aware of precisely when it first knew of the relationship between the inhalation of asbestos fibers and the development of mesothelioma, except that it believes that the first employee to become aware of this association was G. R. Krug, one of United States Gypsum Company's former Safety Directors. Mr. Krug has testified that he first became aware in the early to mid-1960's of the association between exposure to asbestos fibers and the development of mesothelioma in asbestos miners, as a result of reading articles in newspapers and magazines. Page 2 of 2 EXHIBIT 3 RESPONSE U.S. Gypsum utilised warnings to applicators consistent with OSHA guidelines cn its joint treatment products beginning in 1972, on texture products beginning in 1973, and on certain industrial plaster products in 1975. The language of the warning was as follows: "Caution: Contains Asbestos Fibers. Avoid Creating Dust. Breathing Asbestos Dust May Cause Serious Bodily Harm" In 1974, the above warning was modified by adding the following on joint compound products: "Observe the following precautions: Wet sanding or sponging finished joints is recommended rather than dry sanding to avoid creating dust. If dry sanding, mixing, or otherwise working in a dusty atmosphere containing this material, ventilate, use dust collector, or wear eye protection and a respirator approved by the Bureau of Mines or NIOSH, to remove nuisance dust." Concerning SprayDcn, a product sold and distributed by Sprayon Research Corporation, manufactured by U.S. Gypsum according to Sprayon's specifications, the following appeared on SprayDcn bags in approximately June, 1955. "Contains Asbestos" years The following appeared on SprayDcn in subsequent "Caution: This product contains asbestos." (1^53) "Caution: This product contains asbestos which may be harmful to lungs if inhaled." (1959) Concerning Super-tite Wet Patch, an adhesive manufactured by W.W. Henry Company and resold by U.S. Gypsum, the following appeared on the label for this product after 1972: Contents Asphalt Petroleum Spirits Asbestos Fiber U-S. Gypsum presently believes that during the period 1969 - 1973 / asbestos was listed as a separate ingredient on packaging for its texture product. Imperial QT. Investigation continuing. 3 F 9920 TERRI BURTON, Special Administrator of the Estate of RICHARD TODD, Deceased ATTORNEYS FOR COLUMBIA ACOUSTICS AND FIREPROOFING and UNITED STATES MINERAL PRODUCTS COMPANY Joseph J. Krasovec, III Schiff, Hardin & Waite 7200 Sears Tower Chicago, IL 60606 ATTORNEYS FOR PITTSBURGH CORNING CORPORATION Jeffery J. Matthews Polsinelli, White, Vardeman & Plaza Steppes Building 700 W. 47th St. - Suite 1000 Kansas City, MO 64112-1802 Shalton ATTORNEYS FOR FIBREBOARD CORPORATION Michael Connelly Connelly & Schroeder One N. Franklin Suite 1200 Chicago, IL 60606 ATTORNEYS FOR COMBUSTION ENGINEERING, INC. (Settled) ATTORNEYS FOR ARMSTRONG WORLD INDUSTRIES, INC., A.P. GREEN INDUSTRIES, INC., GAF CORPORATION, and UNITED STATES GYPSUM COMPANY Christopher P. Larson Heyl, Royster, Voelker & Allen 600 Bank One Bldg. 124 S.W. Adams Peoria, IL 61602 ATTORNEYS FOR W. R. GRACE & CO. Bret S. Babcock Attorney at Law 411 Commerce Bank Bldg. Peoria, IL 61602 ATTORNEYS FOR THE FLINTKOTE COMPANY Chris Bodewes Sachnoff & Weaver, Ltd. 30 S. Wacker Dr. Suite 2900 Chicago, IL 60606-7484 2 3 F 9920 TERRI BURTON, Special Administrator of the Estate of RICHARD TODD, Deceased ATTORNEYS FOR BRAND INSULATIONS, INC. Ward Brown Kurnik, Cipolla, Stephenson and Barasha, 120 W. Eastman - Suite 302 Arlington Heights, IL 60004 Ltd. Don C. Hammer Hayes, Schneider, Hammer, Miles & Cox 202 N. Center St. P.0. Box 3067 Bloomington, IL 61702 ATTORNEYS FOR SPRINKMANN SONS CORP. OF ILLINOIS Schmidt & Molchin, P.C. 1518 First Financial Plaza 411 Hamilton Blvd. Peoria, IL 61602 ATTORNEYS FOR JOHN CRANE, INC. Thomas W. Hayes Law Office of William Koziol 1 Kemper Drive Long Grove, IL 60049 ATTORNEYS FOR THE BABCOCK & WILCOX COMPANY and BABCOCK & WILCOX CONTRUCTION CO., INC. Richard He Herman Arnstein, & Lehr 120 S. Riverside Plaza Chicago, IL 60606-3913 Suite 1200 ATTORNEYS FOR THE ANCHOR PACKING COMPANY and GARLOCK, INC. William J. Mahoney Segal, McCambridge, Singer & Mahoney Two First National Plaza 20 S. Clark - Suite 700 Chicago, IL 60603 ATTORNEYS FOR A&M INSULATION CO. Edward J. Matushek, III Haskell & Perrin 200 W. Adams St. - Suite Chicago, IL 60606 2600 3 '3 F 9920 TERRI BURTON, Special Administrator of the Estate of RICHARD TODD, Deceased Gregory C. Knapp Attorney at Law 1952 S. Main St. P.0. Box 205 Eureka, IL 61530 ATTORNEYS FOR McNULTY BROS. COMPANY Mr. Robert W. Neirynck Costigan & Wollrab, P.C. 308 E. Washington Street P.0. Box 3127 Bloomington, IL 61702-3127 4 3F9898DIA.06 CPL/cla IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF ILLINOIS McLEAN COUNTY NANCY KEILHACK, Individually and as ) Special Administrator of the Estate ) of THOMAS KEILHACK, Deceased, ) ) Plaintiff, ) vs. ) ) OWENS-CORNING FIBERGLAS CORPORATION,) et al., ) Defendants. ) ) ) LAW NO. 92 L212 HEYLROYSTER VOELKER &ALLEN ANSWERS TO INTERROGATORIES NOW COMES the defendant, UNITED STATES GYPSUM COMPANY, by HEYL, ROYSTER, VOELKER & ALLEN, its attorneys, and for answer to the Interrogatories previously propounded to it by the plaintiff, NANCY KEILHACK, Individually and as Special ` Administrator of the Estate of THOMAS KEILHACK, Deceased, l states as follows: PREFATORY STATEMENT United States Gypsum Company (hereinafter "U.S. Gypsum") has, to the best of its abilities, gathered non-privileged documents into a document repository for inspection by plaintiff's counsel in response to requests for production served in asbestos litigation. These documents provide information that supplements and expands upon that provided in these answers to Interrogatories. Accordingly, by way of further response to these Interrogatories, U.S. Gypsum hereby offers to make available these documents at a mutually Suite 600 Bank One Building Peoria, Illinois 61602 lax <309) 676-3374 <309)6760400 -JAN 0 2 1996 3F9898DIA.06 CPL/cla HEYLROYSTER VOELKER Suite 600 Bank One Building Peoria, minois 61602 lax (309) 676-3374 (309) 6760400 convenient time at its offices at 125 S. Franklin Street, Chicago, Illinois. In giving its responses to Interrogatories as to asbestos-containing products, U.S. Gypsum refers to products containing commercial asbestos as part of their formulation and to the type of commercial asbestos used as part of the formulation. OBJECTIONS U.S. Gypsum objects to the manner in which plaintiff has defined U.S. Gypsum to the extent that plaintiff purports to include in its definition of U.S. Gypsum predecessorsin-interest, subsidiaries, and successors-in-interest of the corporate defendant. In that U.S. Gypsum is the named defendant, this definition is overly broad and would require U.S. Gypsum to engage in unduly burdensome research, divulge privileged information and produce privileged documents. This defendant, United States Gypsum Company, responds to these Interrogatories on behalf of itself. U.S. Gypsum further objects to these Interrogatories to the extent they seek information or documents protected by the attorney-client privilege and the work product rule and to the extent they seek trial preparation or expert materials or documents. Finally, U.S. Gypsum objects to these Interrogatories to the extent they ask for "identification" of voluminous documents on the ground that they are overly broad, unduly burdensome and not reasonably calculated to lead to the -2- 3F9898DIA.06 CFL/cla discovery of admissible evidence. As set forth infra, U.S. Gypsum will produce documents which are the proper subjects of an appropriate document request. INTERROGATORY NO. 1: Have these interrogatories been answered fully and in good faith to the extent of the actual knowledge and information available to Defendant, ARMSTRONG WORLD INDUSTRIES, INC., its insurance carrier(s) and attorneys? ANSWER: Objection. With respect to this defendant's insurance carriers, see Prefatory Statement. This defendant responds to these Interrogatories on behalf of itself. Without waiving this objection, and with respect to United States Gypsum Company, yes. heylRoyster VOELKER &ALLEN Suite 600 Bank One Building Peoria, Illinois 61602 lax (309) 676-3374 (309)6760400 INTERROGATORY NO. 2: Is the Defendant, ARMSTRONG WORLD INDUSTRIES, INC., a corporation? If so, state: (a) The exact corporate name; (b) The state of incorporation; (c) The name and address and position within Defendant of the person providing sworn answers to these interrogatories. ANSWER: Yes. (a) United States Gypsum Company. (b) Delaware. (c) M. L. Higley, Director, Financial Services, Unites States Gypsum Company, has reviewed these responses for the purposes of satisfying the verification requirements. These responses have been prepared based on the continual review of documents located in this defendant's files and information -3- 3F9898DIA.06 CPL/cla obtained from discussions with this defendant's employees over a period of many years. it is not possible to reconstruct each step taken to gather this information or to verify all documents which might possibly pertain to the matters at issue that have been located or examined in connection with these responses. Nor is it possible to specifically identify by name each person who has participated in the preparation of these responses or to identify each document which may have provided information used in preparing these responses. HEYLROYSTER voelker"""" XEN INTERROGATORY NO.__3: Has anyone obtained from any person a statement (whether oral or written, signed or unsigned) concerning the occurrence involved in this cause of action? If so, state as to each statement: (a) The name and last known address of the person making the statement; (b) When, where and by whom the statement was taken; (c) Is there any tangible preservation of the statement, such as a document signed by the person making the statement, a tape-recording, a transcript or a memorandum purporting to reflect what was said? (d) If your answer to (c) is affirmative, state the name and address of the person having possession of the tangible preservation of the statement. ANSWER: As to this particular case, no statements have been obtained, except during the course of formal discovery proceedings. Suite 600 Baid; One Building Peoria, Illinois 61602 fax (309) 676-3374 (309) 6760400 -4- 3F9898DIA.06 CPL/cla INTERROGATORY NO. 4: Has any private firm or company adjustor been directed to investigate the occurrence or ask questions of persons who may have knowledge of facts concerning the occurrence? If so, state the full name and address of each firm or adjustor. . ANSWER: As to this particular case, no. INTERROGATORY NO. 5: Do you have any information regarding Thomas Keilhack's physical condition other than that information furnished you by Plaintiff's counsel? If so, state the nature of that information, the name and address of its source, and if documentary in nature, who now has each. ANSWER: No, other than those obtained through formal discovery. INTERROGATORY NO. 6: Were any photos taken of Thomas Keilhack? If so, state the total number of photos, the date of each photo, and who has each. ANSWER: None by this defendant. HEYLROYSTER VOELKER LLEN Suite 600 Bank One Building Peoria, Illinois 61602 Fax (309) 676-3374 (309) 6760400 INTERROGATORY NO. 7: Were you named or covered under any policy of liability insurance, effective on the date of the occurrence, which may be construed to provide coverage for any claim stated in the Complaint? If so, as to each policy, state (a) The name of the company; (b) The policy number; (c) The effective period; -5- 3F9898DIA.06 CPL/cla (d) The maximum liability limits for: (1) Injury to any one person; (2) Aggregate personal injury limits; (e) What amounts, if any, have previously been paid under the policy which in the opinion of the carrier reduces the coverage available; (f) Whether the carrier denied coverage or tendered a defense under a reservation of rights; (g) Whether the policy contains any first party medical pay or disability coverage, and, if so, describe the coverage. ANSWER: See attached Exhibit No. 1. INTERROGATORY NO. 8: Which, if any, of the carriers listed in your answer to the preceding interrogatory are providing a defense to this suit? ANSWER: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. HEYLROYSTER VOELKER Suite 600 Bank One Building Peoria, Illinois 61602 Fax (309) 676-3374 (309)6764400 INTERROGATORY NO. 9: Identify those expert witnesses (as defined in Supreme Court Rule 220(a)(1) from whom you' may offer opinion testimony at trial, and for each such expert, state: (a) His name, current address, telephone number, occupation, and employer; (b) The subject matter on which the expert is expected to testify; (c) His conclusions and opinions and the basis therefore; -6- 3F9898DIA.06 CPL/cla His qualifications, including all formal education subsequent to high school, a history of his employment and the citation to each of his published writings; (e) The amount paid, or agreed to be paid to him, specifying his hourly rate of compensation; (f) The name of the first, plaintiff, first defendant, the court in which filed, and the cause number for every cause in which such expert has testified, whether at deposition or trial, and the date of his testimony. ANSWER: Please see our Disclosure of Experts previously filed. INTERROGATORY NO. 10: Identify with specificity any documents, objects, and tangible things, as defined in Supreme Court Rule 214, which are or were in the possession of any consulting expert as defined in Supreme Court Rule 220 which do not contain the consulting expert's opinion. ANSWER: None at this time. HEYLROYSTER VOELKER ' &^A1LLEN Suite 600 Bank One Building Peoria, Illinois 61602 fax (909) 676*3374 (309)6760400 INTERROGATORY NO. 11: Has Defendant ever had one or more persons whose primary responsibility included looking after or monitoring the health of Defendant's employees, such as a medical director? If so, state the following as to each person who has held this position: (a) The name and address of the person; (b) The name of the position he or she held; (c) The dates during which he or she held the position; -7- 3F9898DIA.06 CPL/cla (d) The address of his or her office during the time he or she held the position; (e) State whether there was a written job description for that position at that time; (f) If there was a written job description, set forth the words of the description or attach a copy hereto. ANSWER: (a-d) Objection. This defendant objects to the phrase "looking after or monitoring the health of defendant's employees" as being vague and ambiguous. In addition, there has been no allegation that plaintiff was ever an employee of this defendant. Therefore, this Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving these objections, U.S. Gypsum's Chief Medical Officers: C. A. Hedblom, M.D., 101 South Wacker Drive, Chicago, IL, 1974 to 8/31/89 (retired). W. Highstone, M.D., 1939 to 1974 (deceased). In additional, U.S. Gypsum retained or consulted "outside doctors" who provided services to its employees. See attached Exhibit No. 2. (e-f) The Medical Director operated a medical facility in Company general offices; conducted and managed a medical program; and furnished counsel as required to assure the health and well being of Company employees. Medical Director reported to the Vice President of Personnel. HEYLROYSTER VOELKER &ALLEN Suite 600 Bank One Building Peoria, Illinois 61602 fine (309) 676-3374 (309) 6760400 INTERROGATORY NO. 12: Has Defendant ever directed or contributed money toward a study of the effects of asbestos -8- 3F9898DIA.06 CPL/cla exposure upon the health of some or all of its employees? If so, state the following as to each such study: (a) The description or title of the study; (b) The dates during which it was made; (c) The location or locations of the plants at which the employees were employed; (d) The number of employees studied; (e) Brief description of the study; (f) Whether any of the results were reported into written form, and if so, who now has a copy of the report. ANSWER: Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. HEYLROYSTER VOELKER ^LLEN Suite 600 Bank One Building Peoria, Illinois 61602 lax (309) 676-3374 (309) 67&0400 INTERROGATORY NO. 13: Have there been any studies of the effect of asbestos exposure upon the health of any of Defendant's employees? If so, state: (a) The description or title of the study; (b) The dates during which it was made; (c) The location or locations of the plants at which the employees were employed; (d) The number of employees studied; (e) Brief description of the study; (f) Whether any of the results were reported into written form, and if so, who now has a copy of the report. ANSWER: Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a -9- 3F9898DIA.06 CPL/cla mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. INTERROGATORY NO. 14: Is there a disease or disease process known as asbestosis? ANSWER: Objection. This defendant objects to this Interrogatory on the basis that it constitutes an improper form of discovery in that plaintiff in effect is submitting a disguised request for admission. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to offer. This Interrogatory improperly seeks to obtain facts and opinions held by medical experts. Without waiving these objections, see attached Exhibit No. 3. INTERROGATORY NO. 15: | to asbestos? Is asbestosis caused by exposure HEYLROYSTER VOELKER ^^LEN ANSWER: Objection. This defendant objects to this Interrogatory on the basis that it constitutes an improper form of discovery in that plaintiff in effect is submitting a disguised request for admission. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to offer. This Interrogatory improperly seeks to obtain facts and opinions held by medical experts. Without waiving these objections, see attached Exhibit No. 3. Suite 600 Bank One Building Peoria, Illinois 61602 Fax (309) 676-3374 (309) 67641400 -10- 3F9898DIA.06 CPL/cla INTERROGATORY NO. 16: If, your answer to the preceding interrogatory is in the affirmative, when did Defendant first learn that asbestosis was caused by exposure to asbestos? ANSWER: Objection. This defendant objects to this Interrogatory on the basis that it constitutes an improper form of discovery in that plaintiff in effect is submitting a disguised request for admission. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to offer. This Interrogatory improperly seeks to obtain facts and opinions held by medical-experts. Without waiving these objections, see attached Exhibit No. 3. INTERROGATORY NO. 17: Is there a disease or disease process known as lung cancer? ANSWER: Objection. This defendant objects to this Interrogatory on the basis that it constitutes an improper form of discovery in that plaintiff in effect is submitting a disguised request for admission. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to offer. This Interrogatory improperly seeks to obtain1facts and opinions held by medical experts. Without waiving these objections, see attached Exhibit No. 3. HEYLROYSTER VOELKER &ALLEN Suite 600 Bank One Building Peoria, Illinois 61602 Fax (309) 676-3374 (309) 6760400 INTERROGATORY NO. 18: Can lung cancer be caused by , exposure to asbestos? ANSWER: Objection. This defendant objects to this Interrogatory on the basis that it constitutes an improper -11- 3F9898DIA.06 CPL/cla form of discovery in that plaintiff in effect is submitting a disguised request for admission. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to offer. This Interrogatory improperly seeks to obtain facts and opinions held by medical experts. Without waiving these objections, see attached Exhibit No. 3. INTERROGATORY NO. 19: If your answer to the preceding interrogatory is in the affirmative, when did Defendant first learn that lung cancer can be caused by exposure to asbestos? ANSWER: Objection. This defendant objects to this Interrogatory on the basis that it constitutes an improper form of discovery in that plaintiff in effect is submitting a disguised request for admission. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to offer. This Interrogatory improperly seeks to obtain facts and opinions held by medical experts. Without waiving these objections, see attached Exhibit No. 3. HEYLROYSTER VOELKER &ALLEN Suite 600 Bank One Building Peoria, Illinois 61602 Hue (309) 676-3374 (309)6760400 INTERROGATORY NO. 20: Does exposure to asbestos increase the incidence of lung cancer? ANSWER: Objection. This defendant objects to this Interrogatory on the basis that it constitutes an improper form of discovery in that plaintiff in effect is submitting a disguised request for admission. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to offer. This Interrogatory improperly seeks to -12- 3F9898DIA.06 CPL/cla obtain facts and opinions held by medical experts, Without waiving these objections, see attached Exhibit No. 3. INTERROGATORY NO. 21: If your answer to the preceding interrogatory is in the affirmative, state when Defendant first learned that exposure to asbestos increased the incidence of lung cancer. ANSWER: Objection. This defendant objects to this Interrogatory on the basis that it constitutes an improper form of discovery in that plaintiff in effect is submitting a disguised request for admission. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to offer. This Interrogatory improperly seeks to obtain facts and opinions held by medical experts. Without waiving these objections, see attached Exhibit No. 3. HEYLROYSTER VOELKER ^LLEN INTERROGATORY NO. 22: Is there a disease or disease process known as mesothelioma? ANSWER: Objection. This defendant objects to this Interrogatory on the basis that it constitutes an improper form of discovery in that plaintiff in effect is submitting a disguised request for admission. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to offer. This Interrogatory improperly seeks to obtain facts and opinions held by medical experts. Without waiving these objections, see attached Exhibit No. 3. Suite 600 Bank One Building ftoria, Illinois 61602 Fax (309) 676-3374 (309)6766400 -13- 3F9898DIA.06 CPL/cla INTERROGATORY NO. 23: Can mesothelioma be caused by exposure to asbestos? ANSWER: Objection. This defendant objects to this Interrogatory on the basis that it constitutes an improper form of discovery in that plaintiff in effect is submitting a disguised request for admission. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to offer. This Interrogatory improperly seeks to obtain facts and opinions held by medical experts. Without waiving these objections, see attached Exhibit No. 3. INTERROGATORY NO. 24: If your answer to the preceding interrogatory is in the affirmative, when did Defendant first learn that mesothelioma can be caused by exposure to asbestos? ANSWER: Objection. This defendant objects to this Interrogatory on the basis that it constitutes an improper form of discovery in that plaintiff in effect is submitting a disguised request for admission. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to offer. This Interrogatory improperly seeks to obtain facts and opinions held by medical experts. Without waiving these objections, see attached Exhibit No. 3. HEYLROYSTER VOELKER IN Suite 600 Bank One Building Peoria, Illinois 61602 Fax (309) 676-3374 (309) 676-0400 INTERROGATORY NO. 25: Does exposure to asbestos increase the incidence of mesothelioma? ANSWER: Objection. This defendant objects to this Interrogatory on the basis that it constitutes an improper -14- 3F9898DIA.06 CPL/cla form of discovery in that plaintiff in effect is submitting a disguised request for admission. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to offer. This Interrogatory improperly seeks to obtain facts and opinions held by medical experts. Without waiving these objections, see attached Exhibit No. 3. INTERROGATORY NO. 26: If your answer to the preceding interrogatory is in the affirmative, state when Defendant first learned that exposure to asbestos increased the incidence of mesothelioma. ANSWER: Objection. This defendant objects to this Interrogatory on the basis that it constitutes an improper form of discovery in that plaintiff in effect is submitting a disguised request for admission. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to offer. This Interrogatory improperly seeks to obtain facts and opinions held by medical experts. Without waiving these objections, see attached Exhibit No. 3. heylroyster VOELKER ^^LEN Stole 600 . Bank One Building Peoria, Illinois 61602 Fax (309) 676-3374 (309) 676-0400 INTERROGATORY NO. 27: Is there a disease or disease process known as cancer of the gastrointestinal tract? ANSWER: Objection. This defendant objects to this Interrogatory on the basis that it constitutes an improper form -of discovery in that plaintiff in effect is submitting a disguised request for admission. This Interrogatory calls for a medical conclusion which no employee of this defendant is -15- 3F9898DIA.06 CPL/cla qualified to offer. This Interrogatory improperly seeks to obtain facts and opinions held by medical experts. Without waiving these objections, see attached Exhibit No. 3. INTERROGATORY NO. 28: Can cancer of the gastrointestinal tract be caused by exposure to asbestos? ANSWER: Objection. This defendant objects to this Interrogatory on the basis that it constitutes an improper form of discovery in that plaintiff in effect is submitting a disguised request for admission. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to offer. This Interrogatory improperly seeks to obtain facts and opinions held by medical experts. Without waiving these objections, see attached Exhibit No. 3. HEYLROYSTER VOELKER 4ALLEN Suite 600 Bank One Building Peoria, Illinois 61602 lax (S09) 6765374 (309) 676-0400 INTERROGATORY NO. 29: If your answer to the preceding interrogatory is in the affirmative, when did Defendant first learn that cancer of the gastrointestinal tract can be caused by exposure to asbestos? ANSWER: Objection. This defendant objects to this Interrogatory on the basis that it constitutes an improper form of discovery in that plaintiff in effect is submitting a disguised request for admission. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to offer. This Interrogatory improperly seeks to obtain facts and opinions held by medical experts. Without waiving these objections, see attached Exhibit No. 3. -16 3F9898DIA.06 CPL/cla INTERROGATORY NO. 30: Does exposure to asbestos increase the incidence of cancer of the gastrointestinal tract? ANSWER: Objection. This defendant objects to this Interrogatory on the basis that it constitutes an improper form of discovery in that plaintiff in effect is submitting a disguised request for admission. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to offer. This Interrogatory improperly seeks to obtain facts and opinions held by medical experts. Without waiving these objections, see attached Exhibit No. 3. INTERROGATORY NO. 31: If your answer to the preceding interrogatory is in the affirmative, state when Defendant first learned that exposure to asbestos increased the incidence of cancer of the gastrointestinal tract. ANSWER: Objection. This defendant objects to this Interrogatory on the basis that it constitutes an improper form of discovery in that plaintiff in effect is submitting a disguised request for admission. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to offer. This Interrogatory improperly seeks to obtain facts and opinions held by medical experts. Without waiving these objections, see attached Exhibit No. 3. HEYLROYSTER voelker" ^XEN Suite 600 Bank One Building Peoria, Illinois 61602 Fax (309) 676-3374 (309)6760400 INTERROGATORY, NO. 32: List the following information for each claim brought against Defendant by a present or former employee of Defendant or the spouse or child of a deceased such -17- 3F9898DIA.06 CPL/cla heylRoyster VOELKER ^ULEN employee alleging a disease or condition of ill-being caused by asbestos: (a) The name and address of the person alleged to be diseased or in a condition of ill-being; (b) When the alleged disease or condition of ill-being began; (c) The circumstances under which the employee is alleged to have come into contact with asbestos; (d) Whether the person is represented by an attorney, and if so, the name and address of his attorney; (e) The agency where the claim was filed, the docket number of the claim and the date the claim was filed. ANSWER: U.S. Gypsum objects to this Interrogatory to the extent it seeks information which is neither relevant to the subject matter of the pending action nor reasonably calculated to lead to the discovery of admissible evidence. Additionally, U.S. Gypsum objects to the production of confidential medical records of employees or former employees whose consent for such production has not been obtained. ` Finally, U.S. Gypsum objects to this Interrogatory to the extent it seeks information which is protected from discovery by virtue of the attorney-client privilege or the attorney work product doctrine. Subject to the foregoing objection, U.S. Gypsum will make available to plaintiff for its inspection and review workmen's compensation face sheets alleging asbestos-related injuries, as Suite GOO Bank One Building Peoria, Illinois 61602 fax (309) 676-3374 (309)6766400 -18- 3F9898DIA.06 CPL/cla noted on those face sheets pursuant to a properly filed motion to produce. INTERROGATORY NO. 33: List the following information for each claim, not identified in your answer to the preceding interrogatory, brought against Defendant by a present or former employee of Defendant or the spouse or child of a deceased employee alleging a disease or condition of ill-being caused by asbestos: (a) The name and address of the person alleged to be diseased or in a condition of ill-being; (b) When the alleged disease or condition of ill-being began; (c) The circumstances under which the employee is alleged to have come into contact with asbestos; (d) Whether the person is represented by an attorney, and if so, the name and address of his attorney; (e) The agency where the claim was filed, the docket number of the claim and the date the claim was filed. ANSWER: See this defendant's response to Interrogatory No. 32. HEYLROYSTER VOELKER ^^LEN Suite 600 Bank One Building Peoria, Hlinob 61602 lax (309) 676-3374 (309) 6760400 INTERROGATORY NO. 34: List the following information for each claim or report, not identified in your answer to any preceding interrogatory, alleging a disease or condition of ill-being caused by asbestos or an asbestos containing product sold by Defendant: -19- 3F9898DIA.06 CPL/cla (a) The name and address of the person alleged to be diseased or in a condition of ill-being; (b) When the alleged disease or condition of ill-being began; (c) The circumstances under which the employee is alleged to have come into contact with asbestos sold by you; (d) Whether the person is represented by an attorney, and if so, the name and address of his attorney; (e) ' Whether the claim has resulted in a lawsuit against you, and if so, the court where suit was filed, the docket number of the suit, and the date the suit was filed. ANSWER: See this defendant's response to Interrogatory No. 32. HEYLROYSTER VOELKER ^LEN INTERROGATORY NO. 35: List the following information regarding each document (as defined in Supreme Court Rule 201(b)(1) authored by an employee of Defendant in the course of his employment, dealing in whole or in part with the consequences of exposure to asbestos: (a) Name, title or other means of identification of the document; (b) Name, position at time document authored, and current address, position and employer of each author of the document; (c) Date prepared or published; (d) The name and address of the entity responsible for its publication and/or distribution; (e) If available in typewritten or printed form, the number of pages. Suite 600 Bank One Building Peoria, Illinois 61602 lax (909) 676-3374 (309)6760400 -20- 3F9898DIA.06 CPL/cla ANSWER: Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. INTERROGATORY NO. 36: When did Defendant first sell asbestos or products containing asbestos? ANSWER: This defendant never sold asbestos. With regard to the sale of products containing asbestos, see attached Schedule D. INTERROGATORY NO. 37: Does Defendant still sell asbestos or products containing asbestos? If not, when did Defendant stop selling? ANSWER: This defendant never sold asbestos. With regard to the sale of products containing asbestos, see attached Schedule D. INTERROGATORY NO. 38: List the following information about each different type (as opposed to different sizes of the same type) of asbestos containing building and/or insulation I product manufactured or sold by Defendant: (a) Brand or trade name; HEYLROYSTER VOELKER ^LLEN (b) Description; (c) Uses Defendant recommended of it; (d) Asbestos content; Suite 600 Bank One Building Peoria, Illinois 61602 lax (309) 676-3374 (309)6760400 (e) Dates of manufacture and/or sale. -21- 3F9898DIA.06 CPL/cla ANSWER: (a-c) See attached Schedule D. (d) See attached Exhibit No. 4 (e) See attached Schedule D. INTERROGATORY NO. 39; Has Defendant, at any time since it began selling asbestos or asbestos containing products, issued a warning concerning the consequences of exposure to asbestos, which warning was intended by Defendant to reach those persons who would breath or ingest asbestos or asbestos containing products during their distribution and/or use? If so, state as to each such warning: (a) The language of the warning; (b) Date first issued or distributed; (c) Date last issued or distributed; (d) The method of communication or distribution used; (e) The name, position at that time, and . current address, position and employer of each person ordering or recommending the warning. ANSWER: See attached Exhibit No. 5. Heylroyster VOELKER Suite 600 Bank One Building Peoria, Illinois 61602 lax (309) 676*3374 (309) 6760400 INTERROGATORY NO. 40: If your answer to the preceding interrogatory is in the affirmative, state the following as to the first information Defendant received that exposure to asbestos caused disease: (a) The form in which it was received, orally, in writing; -22- 3F9898DIA.06 CPL/cla If orally, the name and address of the person from whom received; (c) If the information was received in written form, give the author, title of the document, and date of the document; (d) The name and address of the employee or employees who received the information; (e) Briefly describe the information. ANSWER: See attached Exhibits Nos. 3 and 5. HEYLROYSTER VOELKER INTERROGATORY NO. 41: If your answer to the second preceding interrogatory was affirmative, list the name and address of each employee who was responsible to investigate whether: (a) The warnings were reaching the persons who were breathing and/or ingesting the asbestos from the asbestos containing products; (b) The warnings were being read by the persons who were breathing and/or ingesting the asbestos from the asbestos containing products; (c) The warnings were being understood by the persons who were breathing and/or ingesting the asbestos from the asbestos containing products; (d) The warnings were being heeded by the persons who were breathing and/or ingesting the asbestos from the asbestos containing products. ANSWER: Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. Suite 600 Bank One Building Peoria, Illinois 61602 lax (309) 676-3374 (309)6760400 -23- 3F9898DIA.06 CPL/cla HEYLROYSTER VOELKER &^LEN INTERROGATORY NO. 42: Did Defendant ever have one or more employees who routinely performed the task of sawing asbestos containing pipe covering? If so, state the following: (a) The name and address of each plant at which the process was conducted, and the inclusive period of years during which the process was conducted, at that plant; (b) The number of employees who performed the task for one year or more; (c) The name and address of each employee who performed the task for one year or more at one of Defendant's plants and who was known by Defendant to be free of asbestos disease 25 years or more after having first performed the task for at least one year. ANSWER: Objection. This Interrogatory is vague and ambiguous. In addition, there has been no allegation that plaintiff was ever an employee of this defendant. Further, this defendant has employed thousands of employees since its inception and thus it would be impossible to determine who would have the knowledge or information that plaintiff is seeking. Therefore, this Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving these objections, non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. Suite 600 Bank One Bunding Peoria, Illinois 61602 Fax (309) 676-S374 (309)6760400 -24- 3F9898DIA.06 CPL/cla INTERROGATORY NO. 43: List the following information regarding each worker or group of workers who, as of 1960, had used asbestos containing building or insulation products for 25 years or more and were known by Defendant to be free of asbestos disease: (a) Current name and address; (b) Location(s) and inclusive dates of asbestos product usage; (c) Date(s) of the examination(s) which revealed the worker to be free of asbestos disease. ANSWER: Objection. This Interrogatory is vague and ambiguous, overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. HEYLROYSTER VOELKER ^LLEN INTERROGATORY NO. 44: List the following information regarding each instance where an employee of Defendant testified (at deposition or trial) in asbestos disease litigation: (a) Name of employee; (b) Date and place testimony was given; (c) First named plaintiff and defendant, case number and court in which pending; (d) Name and address of reporter; . (e) Whether you have a transcript of the testimony. ANSWER: See attached Exhibit No. 6. Suite 600 Bank One Building Peoria, Illinois 61602 Fax (309) 676-3374 (309) 6760400 -25- 3F9898DIA.06 CPL/cla INTERROGATORY NO. 45: List the following information regarding each instance where an individual whom you had listed, retained or called as an expert witness testified (at deposition or trial) in asbestos disease litigation: (a) Name of employee; (b) Date and place testimony was given; (c) First named plaintiff and defendant, case number and court in which pending; (d) Name and address of reporter; (e) Whether you have a transcript of the testimony. ' ANSWER: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving this objection, non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. HEYLROYSTER VOELKER " ^^LEN Suite GOO Bank One Building Peoria, Illinois 61602 Fax <309) 676-3374 (309) 6760400 INTERROGATORY NO. 46: List the name and address of all international unions and local unions which have represented employees of Defendant while the employees were using asbestos containing products or were being exposed to asbestos, and indicate the address of the plant or group of employees represented and the date of such representation. ANSWER: Objection. There has been no allegation that plaintiff was ever an employee of this defendant. Therefore, this Interrogatory is overbroad, irrelevant, -26- 3F9898DIA.06 CPL/cla immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving this objection, non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. HEYLROYSTER VOELKER |^LEN Suite 600 Bank One Building Peoria, niinoit 61602 lax <909) 676-3374 (309)6760400 INTERROGATORY NO. 47: Did any of the unions listed in your answer to the previous interrogatory ever instruct, advise or caution your employees on the safe handling of asbestos or precautions to be taken when working in airborne asbestos? If so, please state for each instruction, advice or warning: . (a) The name and address of the union and person instructing, advising or warning your employees; (b) The method and content of the instruction, advice or warning; . (c) The dates of the instruction, advice or warning; (d) Whether the union ever promulgated, recommended or bargained for any regulations, standards or guidelines concerning the safe handling of asbestos precautions to be taken when working in airborne asbestos. or ANSWER: Objection. There has been no allegation that plaintiff was ever an employee of this defendant. Therefore, this Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving this -27- 3F9898DIA.06 CPL/cla objection, non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. HEYLROYSTER VOELKER &ALLEN Suite 600 Bank One RuSMwtg ' Beoria, Illinois 61602 Fax (309) 676*3374 (309) 6760400 INTERROGATORY NO. 48: Did Defendant sell, ship or deliver any asbestos containing products to any of the sites on Exhibit A? If so, state the following: (a) The type and quantity sold, shipped or delivered; (b) The date; (c) Describe or attach the documents evidencing such sale or shipment. ANSWER: U.S. Gypsum does not possess any records maintained in the normal course of business which identify who the ultimate user of the product was or where it was installed. With that limitation, U.S. Gypsum responds as follows: Prior to 1966, U.S. Gypsum sold its construction products, some of which may have contained small amounts of asbestos, exclusively through independent dealers. Beginning in about 1966, U.S. Gypsum sold its construction products either directly to independent contractors, independent distributors or, as had previously been the custom, through independent dealers. This defendant has no sales records for the years prior to 1965, other than records of gross sales of individual products by plant. Sales records thereafter are contained in computer printouts. Records of products which the plaintiff can -28- 3F9898DIA.06 CPL/cla establish were relevant to the subject matter of this lawsuit will be made available for inspection at a mutually convenient time at 125 South Franklin Street, Chicago, 1L 60606. Other non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. HEYLROYSTER VOELKER &ALLEN INTERROGATORY NO. 49: List the following information regarding each instance known to Defendant where an individual has testified (at deposition or trial) that a product manufactured or sold by Defendant was present or used at any of the sites on Exhibit A (in lieu of providing the answers to the following, you may provide a transcript of the testimony and Plaintiff's lawyer will pay your charges for providing the same): (a) Name and address of witness; (b) First named plaintiff, case number, and court in which case is pending; (c) Date of testimony; (d) Name and address of reporter; (e) Whether you have a transcript of the testimony. ANSWER: None to this defendant's best current information, knowledge and belief. See this defendant's response to Interrogatory No. 48. Suite 600 Bank One Building Peoria, Illinois 616% Fax (309) 676-5374 (309) 6760400 29- 3F9898DIA.06 CPL/cla INTERROGATORY NO. 50: On what date did Defendant first become aware that asbestosis was a compensable occupational disease under a State Worker's Compensation Act? (Source: GAF'S Int. 53 in Reed, 83 L 68). ANSWER: Objection. There has been no allegation that plaintiff was ever an employee of this defendant. Therefore, this Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving this objection, non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. HEYLROYSTER VOELKER ^XEN Suite 600 Bank One Building Peoria, Illinois 61602 Fax (309) 676-3374 (309) 6760400 INTERROGATORY NO. 51: Please describe the date, place and circumstances under which Defendant first became aware that any adverse effects of exposure to asbestos and asbestos containing materials may be cumulative in nature and that continued exposure to such materials by one suffering from asbestosis or related illnesses might have a significant adverse effect upon the extent and severity of such illness. In addition, please state: (a) The specific identity of each source of information providing or leading to such awareness; and (b) Any change in Defendant's behavior, work rules, etc., precipitated by such awareness. (Source: GAF's Int. 54 in Reed, 83 L 68). -30- 3F9898DIA.06 CPL/cla ANSWER; Objection. This defendant objects to this Interrogatory on the basis that it constitutes an improper form of discovery in that plaintiff in effect is submitting a disguised request for admission. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to offer. This Interrogatory improperly seeks to obtain facts and opinions held by medical experts. Without waiving these objections, see attached Exhibit No. 3. INTERROGATORY NO. 52: Did Defendant ever suggest or recommend that persons using or exposed to the dust from Defendant's asbestos containing products might or should use any device to reduce exposure to, or inhalation of, asbestos dust or fibers? . If so, please state for each and every such suggestion or recommendation: (a) Date, time and place when each such suggestion or recommendation was made; (b) Identify each person present when such suggestion or recommendation was made to or received by Plaintiff; (c) Identify each person receiving same or similar suggestion or recommendation; HEYLROYSTER VOELKER ^LEN Suite 600 Bank One Building Beotia, Dlinois 61602 lax (309) 676-3374 (309) 6766400 (e) Whether such suggestions or recommendation was written or oral, and (1) If written, please identify in detail each such writing; (2) If oral, identify all persons involved and details as to the manner in which each such suggestion or recommendation was presented; (f) Type, make and model of each device referred to in each such suggestion or -31- 3F9898DIA.06 CPL/cla recommendation. Reed, 83 L 68). (Source: GAF's Int. 58 in ANSWER: All packaging contained the product name, this defendant's name, directions and instructions for use. In addition, see attached Exhibit No. 5. INTERROGATORY NO. 53: Identify all documents of which you have knowledge, including but not limited to medical articles, medical journals, case reports, textbooks, abstracts, or synopses, which you believe relate to your "state-of-the-art" defense. (Source: GAF's Int. 89 in Reed, 83 L 68). ANSWER: Objection: overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. HeylRoyster VOELKER &ALLEN Suite 00 Bank One Building Peoria, Illinois 61602 fax (309) 676-3374 (309)6760400 INTERROGATORY NO. 54: List the name and present address of all persons who have been a director in Defendant from the date of its incorporation to the present and list the dates during which the person was a director. ANSWER: Information sought in this Interrogatory is available in this defendant's annual reports. Copies of annual reports that plaintiff can establish are relevant to this litigation will be made available for plaintiff's inspection at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL 60606, pursuant to a properly filed request to produce. -32- 3F9898DIA.06 CPL/cla INTERROGATORY NO. 55: List the name and current address of each person who has held any of the following offices in Defendant from the date of its incorporation to the present and also list the office held and the inclusive date during which the office was held: President; Vice-President; Secretary; and Treasurer. ANSWER: See this defendant's response to Interrogatory No. 54. INTERROGATORY NO. 56: Pursuant to Supreme Court Rule 213(e), identify and give the location of those persons, not previously disclosed, having knowledge of facts relevant to how or why the occurrence described in the Complaint took place. ANSWER: None at this time, discovery continues. INTERROGATORY NO. 57: Pursuant to Supreme Court Rule 213(e), identify and give the location of those persons, not previously disclosed, having knowledge of facts relevant to the nature and extent of Thomas Keilhack's injury. ANSWER: None at this time, discovery continues. heylRoyster VOELKER " USN Suite 600 Bank One Building Peoria, Illinois 61602 Fax (309) 676-3374 (309)6760400 -33- STATE OF ILLINOIS COUNTY OF COOK ) ) SS VERIFICATION I, M. L. Higley, declare: I am the Director, Financial Services of United States Gypsum Company, one of the above named defendants, and am authorized to make this verification for and on behalf of said company; I have read the foregoing Answers, Objections, and other Responses to Plaintiff's Interrogatories and am informed and believe that the same is true and on that ground allege that the matters therein stated are true. I declare, under penalty of perjury, that the foregoing is true and correct, and that this declaration was executed lJLr_!3_fL^in Chicago, Illinois. Subscribed and swwwoo: rn to befdree me this day of 1995. 3F9898DIA.01 CPL/cJ PROOF OF SERVICE The undersigned certifies that a copy of the foregoing instrument was served upon the attorneys of record of all parties to the above cause by enclosing the same in an envelope addressed to such attorneys at their business address as disclosed by the pleadings of record herein, with postage fully prepaid, and by depositing said envelope in a U.S. Post Office Box in Peoria, Illinois, on the 1995. (See attached list) HEYLROYSTER VOELKER Suite 600 Bank One Building Peoria, Illinois 61602 lax (309) 676*3374 (309) 676-0400 O 0 0 0 A> 0 60 c0* O 0 P 3 *H P 0 OC P H CH00 <M P p O 0-H X P A 3 P A rH 0 0 0 0' A fa PA PHP-H O X O00 0 3 O rH <0H 0 0 P 0 0-H rH 0 O' 3 0 a 0 c3 C X TJ A 0 P O C 0OCO0O P0 0-H OCA G A fa > 00 6 A O-H C 0 0 P -H rH p p 0 p-H P O' 3 0030 0,, 0 d A 0 A HP O C A 0 A 0 O H O A *H D<A A O0p0 CO O O w 'O A 0 co 0 A 3 A 0 0 rH P c CP CP C N 3 0 0 0 CO P -H 0 3 -H -H CO --rttH -H Oc' H p 30 AC oo 0 *H H A 30 C Of a0s c A O O O' SAA rrHH 3O O'-H P -*d H > O 3 0 -h*Pn Op Ao A A 0 iH A OH 0 P Q4*d fa> O'-H 0 w O ip S-H o as z0 z0 x0 -aHs x <* H- c -o 0A SS D*P n A p* o fa z0 XX <*<* H - H . cc *o -o 0A 0A O'A 0A on tutu f0a Z00fa0z X z c- * o < 0 0AUH O'A rH O O' --H O-HTJ > QPC0 00P A rH 0 P * VO O' fOa z0 *aHs w0 fa 0 * 6 0 rH a X> 0 -H d *d 0 O 0 *d 0 4H > A 0 0 0 O' 0 A O 0 3 0 -d c 0 d P A P 3 -H 0 a c0 CO A -H C C 3 rH 6 0 0 P O X0A 0 P 0 & H C 0 -H 0 0 O C 0 p A -H P P 6 A 0 -H A 0 X > 0 W 0 U 0 > 0 H *H A A0 0N rH W -H m O 0 rH 0 0 3 0 *d 0 0 C rH X'd 0 P 3 > 0 C 0 P 0 0 a c 0 jz e 3 A 0 0P cP rH O P 0O cO 0 A A3 o in^tnvoir>^5j-oo O'O'O'O'O'O'O'O' HHHHHHHH n ro in in O' O' rH iH H1 H1 N N in in r- rO' O' O' O' H H HH n n <0 in r- r- in t-* O' O' O' O' o <H CO 3 -H w 0o JZ o 33 43 0 CP 00C BHO c o. co 3 0 C O' C C-H c H -H -H 0 45 3 P P 0 *H p P0 C >o 0 rl*H JZ Prl 0 0 O'A 0 3N O O'-H ACM O 3 o o0oo P O 3 d 0 3 6 P-H O p 0 0 o0 H o AA O O 0 030 n d A H o 0 0443 0 0 HP 04 P p p p< O P p 0 0P a A O 04 O* 0 P G TJ 0 0 -H --I X 3P 3 "o0 0 P 0 > 0 JZ P 3 r-i IP 000 0 04 -H p p 0 H P O 3 P H P X 0A A PAPA -H 3 O-H fa < IP OOOOO'OrHiH ncHnnconmo O'O'O'O'O'O'O'O' HHHHHHHH H rH in in O' O' HH c*> o in in in in in in O' O' O' O' Hin Hin IifnlHio O' O' O' O' rH tH H H p0 p fa ao oc 0 *d d 0 p c 0P 0 0p 01 I H 0P X 0 oA XXG P. 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AOUX 0006 A1UX0051 A2UX0126 A3UX 0164 EUL5002664 EUL5003994 EUL5084144 EUL5084262 S7S59-D 95298902-6-D 95298912-7-D 95298912-0-D IYM 114 700 1ZM 127 724 2CP61063 2YM 129 182 5SB02I428 5SB 021 429 M12016-2001 M1440073 ZCXOO 33 78 TYPE Excess Excess Excess Excess Excess Excess Excess Excess Primary Primary Primary Primary Primary Primary Excess Excess Excess Excess Excess Excess Excess POLICY PFRion 8/1/80 8/1/81 8/1/81 8/1/82 8/1/82 8/1/83 8/1/83 1/19/84 11/10/78 8/1/79 8/1/79 8/1/80 8/1/80 8/1/81 8/1/81 8/1/82 2/1/63 2/1/66 2/1/66 2/1/67 2/1/67 2/1/70 2/1/70 4/15/71 4/1/61 2/1/63 4/15/71 7/1/75 2/15/72 2/15/75 2/15/72 2/1/75 2/15/75 7/1,75 2/15/75 7/1.75 12/7/66 2'1/69 11/8/76 2/15/78 11/7/78 8/1/80 CARRIER CONTINENTAL CASUALTY CONTINENTAL CASUALTY CONTINENTAL CASUALTY CONTINENTAL CASUALTY CONTINENTAL CASUALTY CONTINENTAL CASUALTY CONTINENTAL CASUALTY CONTINENTAL CASUALTY CONTINENTAL CASUALTY CONTINENTAL CASUALTY COMMERCIAL UNION (EMPLOYERS' LIABILITY ASSURANCE CORPORATION, LTD.) FIREMAN'S FUND FIREMAN'S FUND FIRST STATE FIRST STATE FIRST STATE FIRST STATE INTEGRITY CERTIFICATE OR PQLICY-NQ. RDX 965*052 RDX 93* 50 86 RDX 923 01 25 RDX 01 912 52 99 RDX 01 912 53 00 RDX 01 808 54 80 RDX 01 808 54 81 RDX 142 11 13 RDX 142 11 14 CCP005 30 96 37 TYPE Excess Excess Excess Excess Excess Excess Excess Excess Excess Primary E22-8160-001 Excess XL 38021 XLX 119 50 62 92050I 928140 928110 928123 XL-5004-06 Excess Excess Excess Excess Excess Excess Excess 2 POLICY PERIOD 7/31/62 2/1/66 4/20/66 2/1/69 12/7/66 2/1/69 2/1/69 2/1/72 2/1/69 2/1/72 2/1/72 2/15/75 2/1/72 2/15/75 2/15/75 9/6/76 2/15/75 9/6/76 8/1/79 8/1/82 (8/1/79 8/1/80) (8/1/80 8/1/82) 2/1/63 2/1/66 2/1/69 2/1/72 2/1/72 2/1/75 2/15/72 2/1/75 8/1/80 8/1/81 8/1/81 8/1/82 8/1/82 8/1/84 8/1/83 8/1/84 CARRIER INTERNATIONAL INTERNATIONAL INTERSTATE INTERSTATE LEXINGTON LEXINGTON LEXINGTON LEXINGTON LEXINGTON LIBERTY MUTUAL LIBERTY MUTUAL LIBERTY MUTUAL LIBERTY MUTUAL LIBERTY MUTUAL LIBERTY MUTUAL LIBERTY MUTUAL LLOYD'S LLOYD'S LLOYD'S LLOYD'S CERTIFICATE OR POLICY NO. 522 0031 JO 9 522 003173 4 155-U-2904J I55-U-29098 5521014 5521015 5521110 5521201 5525721 CGL-04-00610 CGL-04-01419 CGL-04-02297 CGL-04-031S0 CGL-04-04185 CGL-04-05766 CGL-04-00244 24045 21270/ 24045 21271/ 24045 C31979C TYPE Excess Excess Excess Excess Excess Excess Excess Excess Excess Primary Primary Primary Primary Primary Primary Primary Primary Excess Excess Primary 3 POLICY PERIOD 10/25 78 8/1/79 8/1/79 8-1/80 11/9/78 8/1/79 8/1/79 8/1/80 8/1/80 8/1/81 8/1/80 8/1/81 8/1/81 8/1/82 8/1/82 8/1/83 8/1/83 8/1-84 4/1/43 4/1/44 4/1/44 4/1/45 4/1/45 4/1/46 4/1/46 4/1,47 4/1.47 4/1/48 4/1/48 4/1/49 4/1,49 6/1/49 6/1/49 12/8,49 12,8,49 7/10/50 IZ'8,497/10/50 12/8/49 7/10/50 7/10/50 3/10/52 CARRIER LLOYD'S LLOYD'S LLOYD'S LLOYD'S LLOYD'S LLOYD'S LLOYD'S LLOYD'S LLOYD'S LLOYD'S LLOYD'S LLOYD'S LLOYD'S LLOYD'S LLOYD'S LLOYD'S LLOYD'S LLOYD'S LLOYD'S CERTIFICATE OR POLICY NO. 23331 F 23376 F23377 C 36693 CB F 35836 F 35835 MO 642295 CB MJ 642296 CB WMJ 801108 CB/ WMJ 801109 CB WMJ 801110 CB RS 907609 CD NS 653920 CD 55043 55044 55045 55046 WNY807004 022463000 022464000 TYPE Excess Excess Excess Primary Excess Excess Primary Excess Excess Excess Primary Excess Excess Excess Excess Excess Excess Excess Excess POLICY PERIOD 7,10/50 7/10/53 7/10/50 7/10/53 7/10/50 7/10/53 3/10/52 4/1/55 7/10/53 4/1/55 7/10/53 4/1/55 4/1/55 4/1/58 4/1/55 4/1/58 4/1/55 4/1/58 4/1/55 4/1/58 4/1/58 4/1/61 4/1/58 4/1/61 4/1/58 4/1/61 4/1/58 4/1/61 4/1/58 4/1/61 4/1/58 4/1/61 7/31/59 7/31/62 2/1/66 2'1.69 2/1/66 21/69 4 CARRIER LLOYDS LLOYD'S LLOYD'S LLOYD'S LLOYD'S LLOYD'S MIDLAND NATIONAL AMERICAN (STUYVESANT) NATIONAL SURETY NATIONAL SURETY NATIONAL SURETY NATIONAL SURETY NATIONAL SURETY NATIONAL SURETY NATIONAL SURETY NATIONAL SURETY NORTHBROOK NORTHBROOK NORTHBROOK NORTHBROOK NORTHBROOK CERTIFICATE OR POLICY NO. 022747000 026160000 026161000 026162000 183550900 020044100 XL 146163 61-0S-I80DE XLX-120 48 58 XLX-130 14 53 XLX-136 63 54 XLX-143 62 90 XLX-143 63 42 XLX-148 34 45 XLX-153 01 72 XLX-153 01 73 63 001083 63 001 167 63 004 250 63 005 941 63 005 942 5 TYPE Excess Excess Excess Excess Excess Excess Excess Excess Excess Excess Excess Excess Excess Excess Excess Excess Excess Excess Excess Excess Excess POLICY PERIOD 127.66 2.1.69 3,1,69 21/72 3/1/69 2/1/72 3/1/69 2/1/72 11/19,76 215.78 215.78 8/1/79 215,75 215/78 4/1/61 21/63 215.75 215/78 10/25 78 8/1/79 8/1/79 8/1/80 8/1/80 8/1/81 8/1/81 8/1/82 8/1.82 8/1,83 8/1/83 1/19,84 1/19/84 8/1/84 8/1/83 8/1/84 7/1/75 215.78 7/1.75 215/78 215,78 8/1/79 8/1/79 8/1/80 8/1/79 8/1/80 CARRIER TRANSIT TRANSIT TRANSIT TRAVELERS TRAVELERS TRAVELERS Self-Insured Retention (NORTHWESTERN NATIONAL INSURANCE COMPANY) WP/15I77 WIN6434 CERTIFICATE OR POLiCYNO. UMB 950-106 UMB 950-181 UMB 950-248 TR-NSL135T059-4-75 TR-NSL135T060-1-75 TRK-SLG135T059-4-78 CLA 3259137 TYPE Excess Excess Excess Primary Primary Primary Primary POLICY PERIOD 8/1/80 8/1/81 8/1/81 8/1/82 8/1/82 12/31/84 7/1/75 7/1/78 (7/1/75 2/15/78) (2/15/78 7/1/78) 7/1/75 8/1/79 7/1/78 8/1/79 8/1/82 1/1/85 rr EXHIBIT 2 February 1, 1989 Plant Clinics and Medical Personnel Retained/Consulted 1930-1976 Oakfield. New York R. C. Warn, M.D. J. Diasio, M.D. . Chamblee. Georgia ' K. M. Schreeder, M.D. W. C. McGraw, M.D. Greenville. Mississippi J. B. Hirsch, Sr., O. Beck, M.D. J. B. Hirsch, Jr., M.D. M.D. ' Corsiciana. Texas A. L. Grizzafi, M.D. Dallas. Texas Launey Medical & Surgical Clinic D. G. Launey, M.D. . S. L. Gilbert, M.D. F. C. Atkinson, M.D. R. F. Duchouquette, M.D. W. D. Stevenson, M.D. D. H. Waddell, M.D. R. R. Henry, M.D. Z. L. Darneron, M.D. W. D. Lee, M.D. A. H. Teddle, M.D. Trinity Medical Clinic Jacksonville. Florida J. H. Mitchell, M.D. J. L. Mitchell, M.D. Plasterco. J. A. P. W. Virginia Soyars, M.D. Cowherd, M.D. ' Page 1 of 8 Sweetwater. Texas C. A. Rosebrough, M.D. A. H. Fortner, M.D. S. A. Loeb, M.D. J. K. Richardson, M.D. T. D. Young, M.D. F. Hood, M.D. - R. L. Price, M.D. Detroit. Michigan R. L. St. Louis, K. Hergt, M.D. M.D. East Chicago. Indiana R. J. Liehr, M.D. F. F. Boys, M.D. F. A.' Benchik, M.D. G. A.Thegze, M.D. J. Demkowicz, R.N. Fort Dodae. Iowa Fort Dodge Medical Center T. J. Michelfelder, M.D C. L. Dagle, M.D. M. E. Kraushaar, M.D. J. J. Landhuis, M.D. G. L. LeValley, M.D. J. W. Rathke, M.D. R. H. Brandt, M.D. J. R. Kersten, M.D. W. C. Robb, M.D. H. H. Kersten, M.D. R. E. Woodard, M.D. Gypsum. C. A. P. K. K. M. Ohio J. Yeisley, M.D. J. Miessner, M.D. Hughes, M.D. Ritter, M.D. Akins, M.D. Jennings, R.N. Shoals. E. R. Indiana B. Lett, M.D. E. Chattin, M.D. Page 2 of 8 Empire. Nevada Sparks Medical Clinic J. M. Watson, M.O. M. Raymond, M.D. J. C. Kelly, M.D. F. C. Stokes, M.D. . < - Torrance. California P. Casey, M.D. J. Anable, M.D. Dr. Cook South Gate. California H. Caesar, M.D. Family Medical Clinic (Various physicians. Firestone Medical Group (Various physicians. . Names unavailabl Names unavailabl Tacoma. Washington B. Archer, M.D. Walworth. Wisconsin ' D. R. Hansen, M.D. I. J. Bruhn, M.D. J. A. Carroll, M.D. A. C. Sapida, M.D. Walworth Family Medical Center * Boston. Massachusetts V. Rubin, M.D. E. Staffier, M.D. A. C. Leavitt, M.D. Sullivan Square American Mutual Insurance Clinic Massachusetts General Hospital Clark. New Jersey C. T. Decker, M.D. F. B. Nelson, M.D. C. F. Dent, M.D. E. E. Goe, M.D. . S. Wexler, M.D. Oakmont. Pennsylvania C. E. Piper, M.D. F. W. Nicklas, M.D. H. Hagan, M.D. Citizens General Hospital * Page 3 of 8 Franklin Park. Illinois Northwest Medical Clinic LTD. L. Devira, M.D. Franklin Park Medical Center V. Oelrich, R.N. Rosemont. Illinois 0'Hare Industrial Clinic Fahey Medical Center Rush Presbyterian - St. Lukes Health Center Occupational . ' ' Galena Park. Texas J. Nichols, M.D. Deaton Clinic ... Sigurd.- Utah . T. D. Bard, M.D. R. E. Noyes, M.D. R. N. Malouf, M.D. J. G. McGuarrie, M.D. G. A. Buchanan, M.D. ... -J.-B. Cluff, M.D. -' Genoa. Ohio E. D. Schuiteman . Norfolk. Virginia E. R. Altizer, M.D. . __ .W..JU -Whitmore, M.D. G. A. Duncan, M.D. F. Walter, M.D. A. A. Burke, M.D. R. L. Payne, M.D. J. L. Rosenthal, M.D. P. B. Parsons, M.D. J. Sakakini, M.D. K. Jones, M.D.. V. H. Ober, M.D. . Dr. Albanese J. Foster, M.D. G. G. Hollins, M.D. Dr. Labstein J. M. Ratliff, M.D. .............J..A. Vann, M.D. C. B. Trower, M.D. R. W. Adams, M.D. R. R. Powell, M.D. C. Pole, M.D. G. A. Duncan, M.D. * ` Page 4 of 8 Norfolk. Virginia (continued! D. C. Pryor, M.D. E. A. Buchan, M.D. Dr. Kuehn ' Santa Fe Springs. California J. W. Raber, M.D. Raber Industrial Medical Group Morrow. Georgia N. Bateman, M.D. . Stonv Point. New York Dr. Borsinger Dr. Natelson - Dr. Zuka Nyack Hospital Sperrv. Iowa ' H. M. Patterson, D.O. ' J. F. Roules, M.D. ' Burlington Medical Center Wabash. Indiana F. Whistler, M.D. R. M. LaSalle, Jr., M.D. R. M. LaSalle, Sr., M.D. R. M. LaSalle, M.D. W. D. Boaz, M.D. P. Ferguson, M.D. F. Smyraiotis, M.D. J. E. Haughn, M.D. LaSalle Clinic Baltimore. Maryland C. C. Chiu, M.D. F. G. Mainolfi, M.D. ' Fort Medical Center North Kansas Citv. Missouri Industrial Clinic North Fairfax Industrial Medical Clinic New Orleans. Louisiana B. Pardue, M.D. J. Dean, M.D. Downman Road Clinic Page 5 of 8 w * Southard. Oklahoma _ R. Richardson, M.D. R. Kirby, M.D. T. Perry, M.D. R. Tavlin, M.D. ,, K. Godfrey, M.D. R. McLauchlin, M.D. M. Carter, M.D. C. H. Williams, M.D. . B. D. Dotter, M.D. : F. Crowe, M.D. D. Lagan, M.D. ............ G. Worcester, M.D. ' Warren. Ohio .. R. Willoughby, M.D. Birmingham. Alabama Thuss Clinic ' W. G. Thuss, M.D. . R. J. Smith, M.D. Union Citv. Tennessee .. . J. ,H. Ragsdale, M.D. R. E. Clendenin, M.D. R. G. Latimer, M.D. J. K. Avery, M.D. L. W. Jones, M.D. H. Butler, M.D. J. Cambell, M.D. Doctor's Clinic of Union City Alabaster. Michigan J. J. Austin, M.D. H. Brinkman, M.D. ` M. E.' Field, M.D. J. R. Gehman, M.D. J. W. Grigg, M.D. M. Gueramy, M.D. ____H. R. Hess, O.D. ~ J. E. Jaques, M.D. L. Kelley, M.D. V. W. Kershul, M.D. L. A._Lambert, M.D. L. A. Laporte, M.D. 0. W. Mitton, M.D. R. Morin, M.D. N. Payea, M.D. R. J. Ruda, M.D. G. L. Schaiberger, M.D. Page 6 of 8 Alabaster. Michigan fcontinued 1 J. M. Schuele, M.D. R. L. Sutton, M.D. Z. E. Taheri, M.D. W. Williams, M.D. Kearny. New Jersey Plant closed J. Borino, M.D. J. Grund Fest, M.D. Boonton. New Jersey Acquired 1985 Camden. New Jersey Plant closed A. Marks, M.D. ' Occupation Health Services Trenton. New Jersey Plant closed P. Albert, M.D. Helene Fuld Medical Center Paulsboro. New Jersey Acquired 11/30/87 New Brighton. New York Plant closed H. Crane, M.D. F. Tellefsen, M.D. E. Morris, M.D. Saint Vincent's Hospital Staten Island Hospital Port Reading. New Jersey Acquired 6/76 Fremont. California Acquired 1983 Philadelphia. Pennsylvania Plant sold Convers. Georgia ' Acquired 12/10/80 . Mansfield. Texas Acquired 8/81 Page 7 of 8 Spruce Pine _ Acquired 5/12/79 LaMirada. California Acquired 6/81 U.S. Gypsum"has no information on medical personnel : the plants at Jersey City, NJ; St. Paul, MN? Midway, IL? South Plainfield, NJ; Midland, CA; Heath, MT; Loveland, CO; Milwaukee WI; Nephi, UT; and Philadelphia, PA, which are now closed. In addition, no record information is available for Plaster City, CA. U.S. Gypsum has no information for the plant at Red Wing, for years prior to 1985. U.S. Gypsum owned Red Wing in the mic 1960s prior to selling the plant to Conwed Corporation, and USG Acoustical Products,*Company (now USG Interiors, Inc.) reacquir the facility in late 1985. Page 8 of 8 by Dcs. Lynch. Mclvec and Cain in theic 1956 published article. "Pulmonary Tumors In Mice Exposed To Asbestos Dust." 15 A.M.A. Archives o Industrial Health 207 (March 1957). which was received for publication in 1956. United States Gypsum Company is now aware that the first published study which established a direct association between the inhalation of asbestos fibers and the development of mesothelioma was the 1960 epidemiological study entitled "Diffuse Pleural Mesothelioma and Asbestos Exposure in the North Western Cape Province" by J. C. Wagner, et al., which described mesothelioma occurrence among persons exposed to ccocidolite. at or near ccocidolite mines in South Africa. United States Gypsum Company is not aware of precisely when it first knew of the relationship between the inhalation of asbestos fibers and the development of mesothelioma, except that it believes that the first employee to become aware of this association was G. R. Krug, one of United States Gypsum Company's former Safety Directors. Mr. Krug has testified that he first became aware in the early to mid-1960's of the association between exposure to asbestos fibers and the development of mesothelioma in asbestos miners, as a result of reading articles in newspapers and magazines. Page 2 of 2 EXHIBIT 4 PERCENTAGE OF ASBESTOS (WEIGHT) ACOUSTICAL PLASTERS PRODUCTS SABINITE "TF" SABINITE "B" ' SABINITE 38 (HYDRAULIC) SABINITE ACOUSTICAL PLASTER SABINITE "M" and SABINITE SPECIAL WHITE SABINITE "F" SABINITE "A" or SABINITE HYDROCAL HI-LITE ACOUSTICAL PLASTER AUDICOTE SPECIAL WHITE DATE No Change 04/18/33 11/03/33 11/10/30 04/18/32 01/13/37 07/12/39 05/23/30 01/01/31 06/29/32 05/03/40 10/18/40 01/23/48 02/27/44 07/28/50 07/28/50 09/18/52 04/04/31 04/18/33 11/03/33 06/09/53 03/31/55 09/15/55 08/24/56 10/31/56 12/14/56 03/27/57 12/02/57 12/02/57 03/10/58 03/27/58 04/04/58 05/16/58 05/29/58 05/29/58 05/29/59 PERCENT ASBE: 4.90% 2.00% 4.00% 2.40% 3.00% 2.00% 3.00% .98% 2.50% 2.00% 4.00% 4.00% 6.30% 4.00% 3.00% 4.00% 3.00% 4.00% 2.00% 4.00% 6.20% 6.30% 8.25% 7.62% 7.60% 8.00% 7.70% 6.95% 22.50% 7.10% 6.95% 22.50% 16.89% 17.09% 16.89% 16.88% Page 1 of 8 ACOUSTICAL PLASTERS PRODUCTS AUDICOTE SATIN WHITE RED TOP ACOUSTICAL PLASTER* SPRAYDON STANDARD A *SPRAYDON STANDARD G *SPRAYDON POWERCOTE DATE 05/29/59 12/06/60 07/14/61 07/06/62 08/07/62 02/05/64 08/11/64 09/15/55 08/24/56 10/31/56 03/27/57 12/02/57 03/10/58 03/27/58 04/04/58 05/16/58 05/29/58 05/29/58 05/29/59 05/29/59 12/06/60 07/14/61 07/06/62 08/07/62 02/05/64 12/22/64 04/25/51 No Change No Change No Change PERCENT ASBESTOS 16.93% 8.33% 8.46% 7.63% 7.65% 7.64% 7.63% 8.43% 7.78% 7.76% 7.47% 26.24% 8.06% 7.47% 26.24% 19.66% 19.49% 19.66% 19.22% 19.70% 8.60% 8.73% 7.85% 7.87% 7.86% 7.85% 9.70% 29.70% 7.60% 30.00% * SprayDon - U. S. Gypsum manufactured this product pursuant to the specifications of Sprayon Research Corporation. TEXTURE PRODUCTS DATE PERCENT ASBESTOS PAC-TEX 1943 1953 1954 4.5 4.5 - 6.0 3.5 Page 2 of 8 A-B TEX USG TEXTONE TEXTURE PAINT SPECIAL TEXTURE PAINT SPRAY TEXTURE PAINT IMPROVED SPRAY TEXTURE MULTI-PURPOSE TEXTURE SANDED COLORED TEXTURE PAINT USG MULTI-PURPOSE TEXTURE PAINT USG TEXTURE PAINT SPRAY TEXTURE PAINT USG MULTI-PURPOSE SPECIAL WHITE USG MULTI-PURPOSE USG MULTI-PURPOSE SPECIAL TEXTURE PAINT USG MULTI-PURPOSE SPRAY TEXTURE 1935 1943 1944 1928 1930 1934 1938 1943 1947 1952 1955 1956 1958 1960 1970 1971 No Change No Change No Change No Change No Change 1954 1964 . No Change 1966 1968 1969 No Change No Change No Change 1956 No Change 4.0 4.5 4.0 3.3 - 4.5 2.8 - 4.5 3.3 - 4.5 2.67 - 5.0 2.67 - 6.0 2.67 - 8.0 2.5 - 3.5 1.2 - 3.5 2.3 - 3.5 1.2 - 6.0 1.2 - 10.0 .5 - 10.0 .5 - 3.5 3.0 - 4.0 1.5 - 2.5 1.5 - 2.5 6.0 - 10.0 2.0 - 4.0 1.0 - 1.4 6.0 - 10.0 2.5 Unknown 5.0 2.0 5.0 6.0 - 10.0 4.0 Unknown 4.0 Page 3 of 8 USG MULTI-PURPOSE SPRAY TEXTURE 1972 1973 SPRAY TEXTURE No Change AB TEX TEXTURE PAINT No Change AB TEX TEXTURE PAINT No Change USG TEXTURE No Change MULTI-PURPOSE 1971 SPRAY TEXTURE PAINT WHITE 1969 1973 SPRAY TEXTURE PAINT 1958 1971 SPRAY TEXTURE PAINT No Change SIMULATED ACOUSTICAL SPRAY No Change SIMULATED ACOUSTICAL SPRAY ... Nto Change SPRAY TEXTURE No Change SPRAY TEXTURE No Change SIMULATED ACOUSTICAL SPRAY No Change SIMULATED ACOUSTICAL SPRAY 1961 1962 AGGREGATED SPRAY TEXTURE No Change AGGREGATED SPRAY TEXTURE 1962 1963 SIMULATED ACOUSTICAL SPRAY No Change "QT" SIMULATED ACOUSTICAL SPRAY 1964 1969 1971 IMPERIAL QT SPRAY No Change AGGREGATED SPRAY No Change Page 4 of 8 Unknown 4.0 1.5 - 2.5 .5 1.2 - 1.6 1.6 - 3.5 Unknown 7.3 0.0 1.5 - 3.0 4.5 - 6.0 1.5 - 3.0 8.0 8.0 1.5 - 3.0 1.5 - 4.0 8.0 Unknown 8.0 1.0 1.0 .5 - 1.5 2.0 2.0 5.0 4.4 1.5 2.8 too t IMPERIAL QT REGULAR VERMICULITE SPRAY TEXTURE SMOOTH HARD FINISH IMPERIAL QT TEXTURE USG SUPER HARD SPRAY USG SPRAY TEXTURE SPRAY TEXTURE FINISH USG TEXTURE XII USG SPRAY TEXTURE USG TEXTURE XII SUPER VINYL USG SPRAY TEXTURE FINISH SHEETROCK SMOOTHCOAT USG EXTERIOR TEXTURE WALLBOARD FINISH EXTRA HARD FINE IMPERIAL QT SIMULATED ACOUSTICAL SPRAY TEXTURE SIMULATED ACOUSTICAL SPRAY TEXTURE IMPERIAL QT TEXTURE SIMULATED ACOUSTICAL SPRAY SIMULATED ACOUSTICAL SPRAY SIMULATED ACOUSTICAL SPRAY No Change No Change No Change No Change No Change No Change No Change No Change No Change 1971 1972 1971 1974 No Change No Change No Change No Change No Change No Change No Change No Change No Change o m 5.0 1.0 2.0 1.2 5.0 .1 3.0 3.0 Unknown 4.0 5.0 1.0 4.0 1.0 - 3 8.0 COo 4.0 6.0 6.5 10.0 Page 5 of 8 SIMULATED ACOUSTICAL SPRAY SIMULATED ACOUSTICAL SPRAY SIMULATED ACOUSTICAL SPRAY SIMULATED ACOUSTICAL SPRAY No Change No Change No Change No Change IMPERIAL QT No Change IMPERIAL QT No Change IMPERIAL QT IMPERIAL QT No Change No Change MULTI-PURPOSE TEXTURE No Change READY-MIXED SIMULATED ACOUSTICAL SPRAY 1966 IMPERIAL QT 1966 IMPERIAL QT 1966 IMPERIAL QT IMPERIAL QT 1966 1966 IMPERIAL QT Polystrene 1966 SHEETROCK RADIANT HEAT SIMULATED ACOUSTICAL SPRAY 1966 SHEETROCK SIMULATED ACOUSTICAL SPRAY 1966 SHEETROCK SIMULATED ACOUSTICAL SPRAY 1966 AGGREGATED SPRAY TEXTURE 1966 IMPERIAL QT REGULAR 1967 IMPERIAL QT REGULAR NC-4 1967 1968 Page 6 of 8 o CO 2.5 - 4.5 2.5 - 3.5 2.0 2.0 8.0 5.0 4.0 2.6 Unknown 4.0 .94 - 1. 2.0 - 3.0 3.0 6.0 6.0 2.0 3.5 5.0 Unknown 8.0 6.0 IMPERIAL QT USG SPRAY TEXTURE FINISH No Change 1965 2.0 .5 USG SPRAY TEXTURE FINISH 1965 .5 XH WHITE AGGREGATED SPRAY TEXTURE 1968 No Change .5 - 1.5 1.0 IMPERIAL QT IMPERIAL QT No Change No Change 2.0 4.0 IMPERIAL QT COARSE VERMICULITE No Change 2.0 IMPERIAL QT COARSE VERMICULITE 1970 1971 5.1 6.1 USG SPRAY TEXTURE R No Change 1.5 USG CONCRETE CEILING TEXTURE No Change 6.0 TEXTONE TEXTURE FINISH 1944 1967 1972 2.5 - 4.5 3.5 - 5.5 2.5 - 4.5 Miscellaneous Specialty Plasters - Generally less than 1% Fireproofing Plasters Firecode V Firecode V Type D Approximately 12% Approximately 12% Ceiling Tile Acoustone 120 Acoustone 180 Approximately 3% Approximately 3% Texture Products - Approximately 3 - 5 %. Investigation continues as to individual texture products. Paste Spack.ling Putty - Approximately 3% Pipecoverings - Approximately 30 - 91% *Not all formulations contained asbestos. Page 7 of 8 "Joint Compounds - Approximately 3-5% Rigid Block. Insulation - Approximately 10 - 21% Mortar - Less than 1% . Siding Shingles - Approximately 12 - 15% Roofing Shingles - Approximately 0.6 - 1% Variation in asbestos content is usually reflective of formula changes relative to working properties. Page 8 of 8 Contents Asphalt Petroleum Spirits Asbestos Fiber U.S. Gypsum presently believes that during the period 1969 - 1973, asbestos was listed as a separate ingredient on packaging for its texture product. Imperial QT. Investigation continuing. o Ed in m ON ON H Q C--J C<N m m NO NO 00 NO go OO go oo ~s. -- S C! NO H m H S3 X w CO O eu w Q Ed S o -J eu 2 w > z < a* s o u S =i CO 2* > d CO Ed CA Q. JJOi 2 'u 00 24> C I 8 < CA O eu Ml a Cm o '1 >, 8 J 3 O es U Ea < a Cm a a * 3 8 U Cm o j ts 3 O CJ a. M #o *4ts) S - Q. 3 cd ^ o *- <o m < u tf* _2 O o 6 o >Z 8 Q. _4> IS TfS "oj. oo sS 8 8< t; 8 CA O eu m) -a Mu* Cm o >. E8 3 3 O 8U E .2 c2 E "8 S CJ "a * O Cm o 3 e 3 *2 o *0c) a. S U Va .*2s 8 VuI M a) S a 2 < 2 -3 u * u Oo 3 CO a e 3 m NO r- > e o e .jn8ca vOj O M csi u CQ 3 O c 6 O zb v >s a. S o o 4) v 5 H co o aS J8uS al c o S J S | a a Q 4> UJ ts o > e 03 (J 8 3 a8 O CJ 8 . ^OOI < 1 u 10 U o 3O Z CO < eu o CA 5 E 4) 1 8 EU f ts" 00 o S CJ O i3 O CA o5 < W l3 J NO <9 .. m u oo d, Z 4> a. E o CJ D. s 3 1s 2 .2 4) 8 -S Z^ Ua *i 2 CJ > m O 8 3 8 n o D a u uQ 2 CO 4> 2 D 8o 8 Cm o 8O 2 CJ < 2mVOIi 8 g> 8 o I.jCN: o <J So 4> JP2 zO CA 3 O t > O. s o cj V Cm O 8 So o CS C8A 4) > 8 ,o O8 S s o 1 8 cj 3 T3 CmO 2 i2 Ed CmO t: 3 O Cm o O CJ >. 88 OO Om CQ 3O cj s eu S>-s CJ CO i~OOI < CJ I CJ 3 24> o O3 Z CO < H CO Q Ed z 3 4o> 8 < d Ed 1 2 c 4> z 8 8 -4o> 8 < d "S u 5 00 1 a ts o o CA ? *2o 8 c << 2 i a> sp 4e>d CQ < & "b c 8 84> Xo < Philippe A. Bastille New York Telephone Company v. AAER Sprayed Insulation Inc., a division o f Rogers Insulating & Roofing Co., Inc., et al. 8/31/92 i i i; N o. 17280/87 Suprem e C o u rt o f the State o f N e w Y o rk C ounty o f N ew Y o rk No. 82-2072-0 US District Court o f the District o f South Carolina, Columbia District (Trial testimony) > oo oo VO 00 C! ov m oo oo oo C! ro C! ?5 oo n < Cc--u o o *c "55 5 6 "s5o5 aW H t? S> 3U -J "3 o *5 xjxO as S 3 ^ 2=> J 3 <9 .. m u oo * JS z w 3 e<L> > "3 CO aea a so Q o U a i0 I <u u '= c 3 S3 w o Q c I <2 c U Or-i s3co .s 1 2 cst- CQ A | OO a g Q Z2 cE--"" o ea a> o U caa. o * 3 -I > u> Q J<=u S'Sl I3 Iq IQ .22 <J _Q -o 2 2 o 'C 2 ""Q5 0 (J t=> _ScO 9 U fN 1 2S CN CJ opoi S XV OO O Co/3 -J z 00 0 1 o. E 0 u s1 I uS c O .2 vUs 3i: .2>2 -- fc .-- -- c2 Q S -- O js sue "3--0 . .2 Z ^ g" 5 * c/5 S si oH o'? O CS c C/3 Cfl c?o .c2/5 3 o .:S Uza msC/5 0 o. >* CO OC/5 s --a> E -- > oo 1 T3 aj w 'E D > i.8o 8 C/5 O as 42 u > .2 5 * S| os C/5 S-3 Q ^5 J3 ZT5C <s -o ----. a~i <uu as | rn C3 ar-.. ? c*> a> 3 O C O o ^ uoZ o SO ceo 2** s c 4) 3 CQ CQ Xo u >o 55 c S !E 3 o 3 <o 3 O CQ CQ CQ UU0 p -o 13 e3 "U3i -o u T3 w 3 4) CQ U s I o u m oo ovoo VoOo CM oo C00J o 0o0o oo 00 CmJ ov 9 -- Corporation, et al. No. 84-C-1974 U.S. District Court for the District o f Colorado (Trial testimony by deposition) a o3aQ>a. e8 T<3S CU/5 U> Z 03 CmO "3 -22 '2 D tO3: u a " Q p 03 3cso =3 a oQ li S * --2l z o2 8 i.> ss3>o 0p5 --0 UUZ i p "S .3 C0 0O3 1J IJ Ot x s CO | W > S"53 p U = a CO EZ S C3O B3O >^ < 2 eo s`5CO- ^3 '? o S M3 o s ojaus. 2C^2 CmO "3 "C s0*3* tZo_ 00 pc GO eo s 2 '033 P "55 P 3 Q. ti PJS M Jcs c2 cj 3e i|l r_> Q. S wcp co -a M (J rT M3 O Jp_S Sa. ooI > 2o I JS co > U 3 CJ "3 M CM rsa c 03 2T23 U BO no/N3 oD C3oceoo & > o Z o 1 03 P os JS co 3 Qd P > 1 Ieo 3 oC 2 o CJ 2 3 T3 =o 1ca Cm 0 o ca :l I o > &<-o> ->31i * i e3o O. O |2>> . 3c 0 o> = go 03 ; O 1 i < JiS JS o. 2S Po CJ o 03 ^a Z o M 3 O CCmo3U ag. 3 o 3 CJ 0e CQ | 2- p n 'S 5 _p "33 t3; 1 o 15 u 3 a8o fc* 3 JcOSo O CO O..M 'C "So 5 3 u # Ii oc *32 >> =>8 2 J> rs 8> J2 6J3S . > <o p 3 s u o H `5 P -- !s ` m 9 Tj- 00 rA -- Z p C*>O u U f- Z E- x J-232 "53 oo CM o' Z sCO OO J0S 03 P 1 < T3 < esc c c a ]B 12 12 2 '2 2 3P SQ 3 ti ca 3 ti ca 3P 03 3P 03 P3 ca CJ CJ CJ cj cj cj "32 "3 3 3 3 3 3 3 3 *f3a. ea U3J c3u -u3 tu3 *3 a $3 Ui 3/30/92 7/13/89 oo o S' Cn! ON Cnl The Mayor and City Council o f Baltimore, a Municipal Corporation v. Keene Corporation, et al. No. 84268068/CL 25639 Circuit Court o f Baltimore County, Maryland Hebron Public School District No. 13 o f Morton County State o f North Dakota v. United States Gypsum Company (Trial testimony by deposition) No. A 1-86-184 U.S. District Court, District o f North 1 CQ 3S 1 oU 5 5'5S seeo *53 :> Q 2 23 cu JS Eo 03* C Cte c g, O 0o33 Eo U |3 03 li 0 go > 1 .2 2 >* Jj 3 1 CO ca rs 55 TD3 o <o * D _ao o Z > 3 oO `~8oaoa. *c 3 8 Q#3 2 EO 3 E3 Wl .eo <2 *3 3O6 CJ E o 23 3 s> cd -EO3 3 % G3OO 0Oo38 at a cww 3 -a oc C0J -2s "5 >> o >ao |3> > CJ oEs o-- 0<N0oO u3 2 2 O*mO E--3 S>,' 2 S .2 O h fl. Z cj c ECoO 'O 2a3. 3CoO 5-- u >o. '5cn O CO 3C 2 03 03 3a EO3 U O so `S s3 22 33 ca 33 ca dd p a S3 13 U3 cou c 2 33 ca d TN33m T53 cu Edward C. Beuthin Edward C. Deuthin 6/26/91 m wn 00 00 . VO 00 CO VO 00 CJ Ci C: s mm in oo n O' oo Coo: The Prudential Insurance Company o f American, et al. v. United States Gypsum Company No. 874337 & 874238 U.S. District Court, Eastern u a u 2a 53 un GO al S 1 o a a.3 a > 01 CL o a a*c w 5 u I O eC euS 51 c > I| _co e s 5 -A ~causai] cUS <2u o 5 ts o Cmo > -q u I a aO 00n o oo ta CN C c "3 a. =2 0u 3 1 * 00 JS JS 2 O. So < U X 3 o CO ^UZ o i-4 a. o 2 <o3 wo 01 C 2 Ce-O s 301 3 E4> 1 a t: .a 2 s 'O 2 3= .Ca to c .-22 > oo co > e o S c/3 3 E . 2 cuo = 3 G\ CN 2 a m 04 o ^ Cl] o cJn, 00 uu$ fuc jcso 15 con ^ a Z c cu 5- 2 o u 3 a CO A GO Cl] Jf C0Z a X s 3 E tcoo Cl] J 2 1 >* CO i *3 u so > < CJ 4>* C-- 18 s* i o U CO 3 C/3 D cn *S>S5 on CO S o JS 6 o JS _j * . Or-~n <On CU H h* u Z o uJ 8 O oc ju CL S > I| c _o SjS O 01 CO o S 3 T3 *3 * Cl] c o Cm o 23 3 4* u= O CQ 001 O3c 08 V i u >t 0n0 i J3 2<u |< lx 3O CO UZ c .2 '5a ca/T 0 o> E* CL 3e <J o xS 2g 2U Uo <4N 2 I > <5 03 e oo 2 Ow->' 1^ ac > 0g O JS 3O Jz Ifl f-- Su3e a E ce 2 o o JS cs CQ 2 cii 2 cii o CQ u "a s fioC aoc QC 2 To 3 CQ i o 0 CQ CQ "I 1I 1 oo Harry N. Bollas O V~l in 00 00 NO r In In 00 00 s O C: m f- oo p- 4> u 55 >1 u J4) 1*1 8 o S3 ii0 *B O o CO ei u c 5 E 33 c I| .5 o>*. u -C Q t1u_co 0 co S3 > - #k 3 CO 5CO &Q U* VW CO 0> 0) 33 Ml 1 o 2 > U "5 o S ^ 3 d 3 2u Is*3 *3 * *0 SiCU t; *o g>55 c 2 4) co 3 g O o u 3 *Cm o '-3 "S O .2 'd .2 * <5u H c D to > o u >ss coa 1_ 00 c3 33 OS c/5 z>> cs 3 o Cb 2 so a NOt 00 s so J5 3 > o c 3 3 0. "3 --o 2 c 3 on rS23 0 o I o tuIS ^*3 *11O o 1 O - <0 o . 1*5 -- -o CN w <7 4? J. U S 5 P S3 1 " <N CN m 1 I co Jca TM s 8=^o cn S x go u 00^ O2 o -c o c 2 EPS 00 =2 aC > Z o CO 1 I S3 _ 555 3 -33 U O 3-o m4> * > 3 'E D Q. 4J uo 5 U i ts 3 !l oO i "I 33 3 c/3 .a -3 CO bCO u O .5 S J* 5 3 NO o z oH > >* -C U 4> 3 1) 5 NO Tn " o' 3 ISS "o X 1 cti 3 23 i o3 CO "O Cm > -2 "3 3 3U 12 2 j> 'S 3 Cm eo "1 % s-3 CO |2 co 8 32 a3 3 P o5? 4) cu \o 03 3 ii ooa coa 11 I5 o S s 33 IS S 5 ooa coa coa 12 I z 3 1 o X r~ oo OQ oo 00 s Smallowitz, deceased v. United States Gypsum Company, et at. No. 84 Civ 2638(LBS) U.S. District Court for the Southern District o f New York v. Armstrong World Industries, Inc., et al. No. L-89106-85E Superior Court o f New Jersey, Division: Middlesex County u u -S' 041> 2o CO 1 acn c D > e .o 3 cn 3 W <u "wO3 0 c 3 1 coa O U O. Js cCn I S la sa l o <s e u oo g 33aaa..o~oi .5 O ><vk4u*)j 4> UOZZ 1 3 E >* V I2 > u *o0c Z 1 oa o O ISua. o > cn --Oi -a 3 3 CO o O u V _cot oon* '3C/3 c3u Jo 2 VO| g _o 5 o co CJ J d Z "3 '> s J*a 3 o u 2 4> > _o *0c U Z 1 ^4 o .1 U W. "ua. O > "h e con --> *3 "3 3 CO 3 o U i oMOe eA t0<T0oo1 *3 M 2 3 O 2 vo co Aw CcoO u J} o Z 2 *> * CO IS A `C 2 "o O u 2 301 0& 1 oc 2o O u 2 53 2 ee 33 o o *o CQ OQ CQ 1 11 o oo XX e 3 I CQ I I X 9/27/89 2/24/88 00 oo oooo ooo ON 8oo Cm! S Adele Simmons, James M. Furman, and Phillip M. Grace, Liquidating Trustees v. United States Gypsum Company, etal. Mary Michalowski, as Administratrix and Administratrix Ad Prosequendum o f the Estate o f Edward M. Michalowski, Deceased v. John Doe Corporations (A Fictitious Name Representing One or More manufacturers, Suppliers, Miners and/or Distributors o f Asbestos Fibers and Dust and Finished 1 J A S2 " <u 2 a I fc u _ >* c CO O 3 a5- S2C5L gO T3 * X^ e5u M 8 o 5I *3o -C m s; .5S2 o S^ ta o e = -T o D -3 '35 "2 osZQ 3 ."23* '2 3 2o 2 s *3 C3 CQ <M 2 .o 1 E --3 4+>+ 3 O 3 _r U 00 Cm *3 ?-'a~ c g2 2tr, u 3 O O CJ ocnv w VirO> * 04 -J O 1 > c 5S o .2 oo Qg 5 Jo* 2 fN ^ SI OO C 4) " _ .C O O O PU2U o 1i 03 2 3 .4> Cm O u M 00 33 .C3 O s> p t> c > s c |s* ft 3 o C2O cj 2 u t"i <N J--aG #C w S3 S5 --O -- -a 041 33 VO c 00 -- o. so o 2 sb ;S. 4) .2 J2 *S Sy CJ g 2 Su Q ^ >M o U CO "i 2 Cm o i o aO ** w m CO CJ 'S O *s .2 .2 UQQ |51 n r-r . n w eu 2 3 ? A f s a oog aS 2 E- s3 i2 o 09 floQ H ~Z 3 O I o 1toward J. Bowman Howard J. Bowman 4/24/91 5/30/90 o I O' CJ s Crossroads Townhomes Association v. Owens-Coming Fiberglas Corp., et al. City o f Boston v. United States Gypsum Company No. 82254 Commonwealth o f Massachusetts, County o f E 3O CJ _ 6 S' 8 S* S jf 3 $2 is 3 C/3 C- O) C3 icio :s 3 >53 s80 u >- T3 -s D -a />S -K2A d> Z o u .a . u -0a9 t-l 03 to Q I09 S_ E*= oo s -C cd Eo o2 -C Oq "1 IS A8 O* s a. 3 f" co- w-> CM. rj oaoo ii Z . > oS II Jr--5: ~CidO e<> .2 o a>. o. 21 r- U a z S3 o 09 5 caE> o Z . oo E 3 o *C <a - CJ Q sI.' on Joo3 <oJ s cd J? 15 > S 2 D or OO o .gO O 2 2 aj ss-i .2 *w >Z o gO.* *3 DMO.. CC2OO CO eo 2 .S3 S Vo 3 CJ c/3 CO 2 x 2u *C*3 E3_ U SftO o^ cC So w sono < ft ^ CM SbO^O !5 u_ fli j O' 00 S >z Jpb Ji eco 1< 0 CJ U t CSO 1 o so3 CJ > co *s * oo0o9n < E 3o U J fr 3O 8. 3 CO ts- on 2 2n o*- - r09 Q. o2 u3dz e 03 c03 I O 03 0o3 so 03 O I I Howard J. Bowman Howard J. Bowman 1/9/92 OO Os n Os o a On Michael Richie v. Raybestos-Manhattan, et. al. No. 933324 Superior Court o f the State o f California in and for the County o f San Francisco < u c 3 CO c O O 3 s3 O 2 3 -- 3 CO cO a oe _o 3 o >v 2 3 co _c O u |3 *3 3co CQ u 2 oe eo 2 o .s z""3 -uC J <8 2E 3 cu o 3 CL. 3 3' O JU e `2 E '2 5 .2 3 O cb 3 O uU >r `So o3 U >Z oS ~ S3 3 6 o `2 GO ( 3 4> o 8. 3 S3 *3 4> 3 2 J 3G 3 CJ ! 3 _> > 3 M <~' 3 3 (J CO O .2? oo 'tos c--o co 3 C > 8* S 3 <at tn I ^Cr-~N- m o 3 55 v T 05 fj OI 3> o o--C 5a) --I3n aoo O C/3 ^O 2 -2 Jj cn 3 rj .^3 ^aaBk o c1u/o3 omS ssoooo > -- 2 >> Oi Jo SS >>*, W S "33g 0o0o Cl--t O C/5 CO > ~ o <U -* 3 O S "S J= 6 3 *n 2 S2 < 2 <2 sc i3 2 * oo CQ CQ 1i i oo X 2 o CQ 2 I o Howard J. Bowman 7/29/93 S/26/92 os m m m OO fN Os Bayonne Board o f Education v. United States Gypsum Co., et al. No. HUD-L-000013-92 Superior Court o f New Jersey, Law Nicholas Haluskey and Barbara Haluskey v. Fibreboard Corp. et al. No. BC024997 Superior Court o f the State o f C4O> Ij3 SaO < _OC3O Cmo >* c 3o U .o3 c 1 S co>s> S ^ Is 5 u c- 2 is ^i <urN- 00 1ao. *Q ^r SO -J c 3O u *3 oc csoTM" 5 j 18 c* <3 ocn 3o U > 03 u Os --J Os oo 0 o 1.1SO fN 2 O CO aJu > a o 200 is *3 5 O .g I 2 Z U -J 0CO Mca CO Ta3> * D CO CmO >% a o 3o U ooo 3 'So c2 ii CO u u o> > t; o3 U o ouo >Ssg*. I 'csb o 3 CJ 05 S CO a0o4 00 _ O i S.g ccOo Ca>O. 00 4 O I < a Z cs. 3 m U 3O &CJ 0 .2 u 53 1I 21 o > o 'C --; " io M .2 S "Q co '5 cD *g P 00 O " -S soi 2pt o 3 J3s O X4> hZH ec 33 o o OQ CQ *2 3 1 5o 1 XX Howard J. Bowman Howard J. Bowman 8/24/93 Partnership v. W.R. Grace, et al. No. BC 011 763 Superior Court o f California, County o f Los Angeles (Videotaped) In Re: Asbestos No. 92-C-8888 Circuit Court o f Kanawha County, West Virginia Tj- On <N OO C2 On 3s aj 3 55 T3 CO Cm "E D o >. a > o S oo 30 U co o1 'so c <2 CO CO u "eo U CmO o > > t: 3 O a u o s<g3 >i.. o a. 3 a CO oo _ e So g m SJ.M - ise>o Sc>3i. o' g g> < O z e. J0U9 "u OcO < JO09 Cm 8 O m) B3O 3u 1 cOS 3 *3 & U 3 "3 U -6 Cm O 2 _ 3 3c O *c CJ ll ,Lo. 'C <u o 8. s ad 3 CO < & > m NrO- 1J2 .s -- s ffl C O S3 CL. o Z .^ 2 o 1e Q. |O *4f>b u3 | CO a c 30 55 Tu3 g 0 .3 0 Do >3 SO o .S O ON a. ON fS 3 > 1 si u 2 o > 0 U eo 1 . "*U3- rTwoj <0 o *11 G <5 *a1 *oC cS g. 3= CO u3 r-~ jj M tfl >eo c3 -- CU n 0 _ ? * 3e 4) ^ O <o .2 u UZ Jh Tu3 3 s 2 "3 U 3 8. ua H < 3 8 o Howard J. Bowman e 3 3s 33 3 c 3 i o eo I o o o CQ CQ CQ o CQ 11 1 o o o 1 1 X X X *3 X 7/9/90 6/1 S/90 o VO Ov oo o Ov VO 00 School District o f Philadelphia v. W.R. Grace, et al. No. 146 Court o f Common Pleas, Philadelphia County School District o f Philadelphia v. W.R. Grace, et al. No. 146 Court o f Common Pleas, Philadelphia County 3 535 <a _e g 0 0d OAUl *c c 5 1 i J *J3 00 a O (J <d 2<u 4 ui r <4o-1 0 > oc 1 o oo Uo CQ OO rf CN C 61 O 5 4o=o u c>?; sO. w 0<0 O o Je 1 2u ^ 8o tj Z5 *o*- o u --eo 3o 3 13 s"- 88 0 4> 1= oi X <o <I >3 T0O3 _--SJ* 32o 5 CO isJ? rONf 3 3 < '3 Ov b OO *T3 i3 4) % ^ --s 2 O js 86 <2w 4) c O to 5 fid 4J tao UJ eo 3 x4:> d J0OouS0 ^ >> o= c3 3- uc TD e <2 c u| 8" . eo u r^- S<uo 1 <nI C^O ai. ? >C3. 8o CQ aoZ | 3 o 4> a5i o x: O fid 3u > co- s l* '&a 'O` to 4> s <4o-1 <oM >* c 3 32 oo O UO </ CQ >> 2S <V .S fiu "s <tr3 *> 9 I u I <1 js 8u ^ a. u8o Uv Z5 <o*> <o*- o 3s u--4 CO 4> .a J-sS 3 8 < o >> > U Iso Iso 3c s"35 UU o e GO D |a c o < < *T II S' " C O r/3 _ <N <N 2 4J "g "2 T du *S r00 >> u .rr8*- => c $ 2 CQ ou00 0C o> c3- CQ d 24>> CQ u3cc4) _03 3s O _CoO "U3 Q t: 0 oC 3 iC8fO* u yi d d 0 ad Andrew Capone Fred Brookwell 8/5/92 3/8/84 New York Telephone Company v. AAGR Sprayed Insulation Inc., a division o f Rogers Insulating & Roofing Co., Inc., et al. County o f Anderson, Tennessee,, et al. v. United States Gypsum Company, et al. No. 3-83-511 U.S. District Court for the Gastem District o f Tennessee, Northern Division NO NO oo oo oo on NO 9? ro-o. <N SS On oo 00 co 4) a 1 c O c > _eo II i| ay O S3 "3O 0 Cl cq c o 0o 1 0 ss <5 a >N c . 00 cn1 6a8 .3 0. -s 3 O Hi Oi I3 J5eSs >; sa m rj jC o. 2m eo x CO ^OZ o .y `C sCuO n a s55 "uO u i cu o > y y >>o o Jy CO an c3 S3 "c 8. "-4Ca5) >caN Q. S U < V r-~ <n e I a4> a _so s S3 3 00 3 * >an a>. o QOZ o o3* o 3 So o +> *c w snO 3E M .s J3 S3 > ^oo Q. >c O a s CO 2 CaaQ E* II y c aC yo ,35 >. .a .Sa .2 _-> a --a: co . o5 -o o ta ^o &i> cd D ON <N emonoi a4s 1H) CQ 4J 8a a is o CO CQ E- ao a 3 oa >- o Uo a oo CCOf >*s2 *u Zc<o-> cCdQ *5 u _a <5, so CO u >s > 0<t-l I3 s* o2 1 o U U S3 xSoc:. 4oofs. J4B> cO 5" "a s - .u{ Z3 . *3 *53* (cJ 4) 2Qs. C3O oro <oorNo- # o Z -oa > zo uZo> 9C3 u Sam Constan Robert G. Clark Uemo c3 ICmO U uOu o ui tii CQ U yE 9 DC E J9! DC E s9 oS GU3CO u OOoo r5 OJ P'1 00 o rr oo oo voo o S CJ o5 oo No. 17280/87 Supreme Court o f the State o f New York County o f New York E<o a4S> U 1mo ~JS 5 ,q c CO 3 aM 55 -o u 1 cas. 3O WC ' D CU j o .2 `aa -as J0S0 _3o C/3 ^3 aVOS) 03 O TM i3 oPo3oJ' c<uU c* <seuU U 1) St: g1 3- "3 jo oo 'C "3 8 a .2 2 32a o o <J JS 3 8Q .3 U CSm .'22 nt; ZQ 33 <-> = CO _ 3 JS -c O3 Q 3 oo &* o c Q 3a a If: I 3o6 Q U Z SC OCv5< > o > tt. Moc S +0m3uA* JVS 0 S S* C1OJ -8 Q3- Q o Jo >* CWaJ o c f=gi 3O. co 3-s -- CJ. e > 3.S o CJ o 9 pj "3 a 2-- 535 op T3 2x<o -Jas -J D o <CN? oo -Z2 U 3 o Cmo | ' D --t3o CJ > S0 "3 u* CgO 3 mu>% <2 CiiJ *m0C > ? 2u 0 S QP 8 J CO 8 8 | = i < |-- oS.O& rn Cm O 5JS aj ? o o3 CJ co Z Q 3 o& "s3 .2 z3 > > n ' D u 2u s oCm c. .2 3 2 jL$ o CJ g. J= o S-- CJ in rH J>C 0 0 0 J4 OO u T3 0 CJ "o "u 00 u CJ TS 0 0 > s 103 2 > c 1 Q 6<0u 1 dQ CO 60 il d C0O> 0C3 VO oo 5v ^ iE |In oo In vo |M4 | 2 r* In n In In In s No. 84268068/CL 2S639 Circuit Court o f Baltimore County, Maryland (Trial testimony by deposition) JU -a J a d 3 O U .2 * 3 q3 S e 3I ? E? 8 -o cn *3 OO Mu* *SCi d.2 2Q S CO s 3 # O_ >. .8*3 1 2 *3 u xc 1 is 14> |O ^a o rj rt, -SoisI0 s a >:u - 083 JSS V^3 o U3 m 3 o c b5 5 `2 > m Vi o oo C 3 T3 C a o o m > O 3 1 yd6 C/3 Z 2 o 2 3 o c sID 09 o. 0 09 Jj 22 t* 3 <2 55 1M3 a o U e o D 3-- s> 09 "co 3 C CO _u_ . D "3 "3 o -- 3 In _I a<#4 3 -o >c o 2 % t* To3 V |o 98* oe. 2-- 3 . fe o o "o aozOC .8. o '2 3 S 3 k 2 o _: g3 2 "3 3 -J* i 8 II O CJ w3 .3 s *V"% 3 s ,2 2 S- 33o E- U 2 233 E o ooo o uUU Q dd d 3 3 3 va M 3 4> 3 ek o U d 3 3 9/27/89 8/20/86 VOOO <N M O' 00 & V0O0 m oo Adele Simmons, James M. Furman, and Phillip M. Grace, Liquidating Trustees v. United States Gypsum Company, etal. Dayton Independent School District v. United States Gypsum Company No. B-81-277-CA District Court for the Eastern District o f Texas, Beaumont County c%3o 0 9i 1 0 CCO9 01 4) &c o co 3 Sg o CJ |sM>1 3 -a C-- ta o O *2 C0J > c 3 3o oSo3 cj CQ orso ScB 1 .3 e- "a 0 9 I 51>1 -Io. oo <2u Eo CO UZ o & uo CJ 2 "Q3. o uO "55 3 33 rt CQ 2 AS t: 23 oO CJ "C3Q '3 2 _ CJ rcsj Or*">' C . VO O 53 04 > r y .3 p. oo <-> E'g g O oo S <gU V(NO 5 <5 o 030 25 > O Z > fr o CJ CJ 2 "3o. o E u3 e A3t 3 CQ 2 3 e 2" o | 3 <Oj "3 CQ *3 2 cj i ua . Om' VvOo CJ 3 OJN CJ O-3' p. OuOa W a CJ Sgu VOMr--sOO >e o E cfotol "3 3 6 2 Z fc OCO 4^ COOO CO f CJ 3 0e0 *3 o3p sg 0CQ < |-5 1O a. CJ 3 C '3 S? 2 >= 3 CJ 0v,n0, O 3 vo <u 3) 3--6 co J Z "3 c-- Co 2-- 3 <> 5Z "tCo >Q 3 i0 - ssOv c%2u o Q Q3 Q5* Q Q 3 JoS 06 I c 3 .8 C a3co Donald M. Diersen John H. Crumbaugh o mm ON o on\00 oo o0o0 0000 fn .*? u5C3Os QcBao OCm T3S Oo Q* cs 'C CN 22 o0o0 .U2 2 4o' '"I sco CO U."os3Oso so c Sc33ui C2tmoO: 2? c oao3 iQ'or s3so |2 2 CO 0fa3i J<SOsoo U NOsb0O0O.:.>sMC333 26 g^ -ua g t 3 3s3 J"Cf<mOCsccO5a3goOos 3+* C 3 c21 * 09 ._ 1 au3 f3a3 3 *Io < 2i Oc 3 O45* fa IS>92us* cu Cm U3 o Uo 0c&3o3 M*vfOs "Os S s= ?3 2 CO 2> ^.2: -- 5jJ*4S-5, o *c O jT l! 1o JQ UO 33e1 c S im35Ss uoI3f>av <s3 jS 2 co jf*8 CO _2 3SoDo 3, 9p |CS 094 23 00 O S m) *3 fa _ 2 CO CoM 33 * 3 si IS 25s. .Q2 E 8| c3ao c3o *5435 mo =>333 -UQs2 s*o 1 3s fOr00as44J O26O 45 O2 fa > 0a 13 -a 0fa Cm 1 a Uc3O i af4a5 Ci353sosJs*VfOUc<2oaoO. o CO Heo s4ci2t5 s "ae03 c8 <0 5 a ia0 Qs24455 2Sac0 .BcO s 5bJ JS5*s 3fa <-3u 1a0 1*u^i3 J<"e0S 7/26/83 1/30/86 mm Tp VO 00 00 OO 00 O' 00 CgTon Lexington County School District Five, v. United States Gypsum Company, et al. No. 82-2072-0 US District Court of the District o f South Carolina Columbia Division The Corporation o f Mercer University v. National Gypsum Company, et al. No. 82-126-3-MAC US District Court for the Middle o 2 ocn 6 Z c u3o c s 3O M4) ^CQ CmO 3 *c co S > J3 &O E O JMg C/33 C03/3 4> JU <- > c2 ,"c3o5k u U3aJ CmO "5 >*.2co Q , jg ^T33 a d>c> 3O U S oO uc S* -g ao 2 % &Io 2 3 - I `sMOuo ow^ s SS O <o*. .c=o cSo o Q 'O S 13aoc 5GO JCo3/3 3> 5Zfi c** "3 i (J c | I o -2 .2 s I* U3 ^ 13 .2 j0s zn eg 3 2| Q >> n. e1 o>* UO coo> S35 9 <N Oo a 13 co c3n osp TU3 r O o3 S* 'x4 *Dc3 4Z ci/3 UO oC 3c :2> .2 Q 6 3 c/5 S 3 e* 3 E o CQ d <ONs 2~ acoaaO- QQ. o <N m 3 <j -c 3 3 o .2 Z 3ZO i c >* s1 2 o>* o30 w g CJ *C 5 `S& 3 CO Q gM . co ? sso 2 3 co 2 3c -- '> 6 o3 > CO SZ 1 3 o *2? U E- Z o .0 CU Vuc ,U3rn -otm* eu uCO tt. I 3 n4 I tS CooO T.J. Fitzpatrick Lawrence Hby Bill Fraser Kershaw County Board o f Education v. W.R. Grace Company, et al. No. CA 85-CP-28-58 Court o f Common Pleas in the State o f South Carolina, County o f Kershaw 12/12/86 41 g 0 01 u > 03 JS E 41 C/3 41 *--o> -a E c/3 -a 03 CO Q 1--1 3> .Qw2 0 1 o 3 O 2 'S Q 1-3 ai--i u oo fa >mt C 03 SS -K a uo zO s41 om r3o .Se 3. 41 *I u 4O1 -J25 a2 3* > cu >3 03 3q. fea Q 1 "j Cm o t: 3O s03 u VO o2 Jo C/3 Z E S o U Cm o 0e3 1 o Z a0mm3 E a x 3 jp " r-~ j*? 8S Z M OO z6 Donald Goss Kershaw County Board o f Education v. W.R. Grace Company, et al. 10/14/86 3/31/92 o 3- QO VoOo Ov The Mayor and City Council o f Baltimore, a Municipal Corporation v. Keene Corporation, et al. 3u CO J e i u flu ossSocCas u "aS (to3Js Oo0voo4O o COc3J csa" a. oooo1 1 O C<J o z mm Ccmoo/a u 3 CO vu 0 01 34> > _co s0 I1 ca S 5* O tn cu33a cj o BJ o -g Oto3: -a c3Oa > ooo CoJ oo . 04 caa" CoJ J13 2 "--3>c a. co^ooj &Eo COJ cjw32j: co/a c_ CJ Z o mO u u e --2<u> < *V Z || O !O*Bco U0 1 U 3E Q 0m0 w3C >* ss .a a <% l"S lcu ua oo jPg D> zo fi *3 QI sa u fi CO S o wa 4> -? O _o t5 "OS *c to S 0040 o L O <2 Z t: o 3 O ' o so a o 3 tS S CO co I- D rr 2* Ov *a *m3 .>3 >CO <3 &* UTi J"S 2v *0.2 "O < O O zo uO b MV n o n O Co X xX CO 1 IS 2 s i co o. XX ou -oC 2 u< < < Archie Hampton 5/15/91 VOOO oo i cn 00 cn The Prudential Insurance Company o f American, et al. v. United States Gypsum Company No. 87-4227 & 87-4238 District o f New Jersey No. 84268068/CL 25639 Circuit Court of Baltimore County, Maryland (Trial testimony by deposition) oc 8 c<u CU [fl 5 CO 13 A JS OO u j1o5 J32 CQ OofoT0v0Ivfj i=s" <u *foov*oI| Tj- at 08 o' 2 13 Z I3 03 0 1e O 'i cd a. & > _eo ao * S CO tUS u2 -cau ^ * 0 O w' o 1 o CQ 80A0 (A5* c "3 a- .-1s U > oc3 II2u o 0U<0 x jfs 1/3 ^UZ o co TU3 > s ' D Jt4oG;> CO Z *2O*1 gr* C2O . OJ S SO IE S SS S2 oO- Be3o e 5 MZ o gA oo ! " oo c (a83. c<u 1*3O5a |QIE ^^ 5S -- 1 <ON X oo =^ 2 oo i 3^5 ooo -S Z 4> 25 O ad 5 & o > 15 3 c2 T3 5 o *C U* <2 c s u3O >> 13 JuS i: o CO .2 O cs C . J Q o< 3 > 11 rr~-- <n <u CQ 3 2 g o ACQ x<u O q Zo X t: X o E-* Z o _o 3-o> 3 T3 J-33 U XX << U<3 U<3 U3 Carl A, Hedblom John F. Heman David Donald Smith and Joanne Smith v. W.R. Grace and Company, et al. No. 776308 District Court o f Minnesota in the County of Hennepin, Fourth Judicial District 8/25/82 s> i 3 3? ~O * < o. 3 a t- | CU. =O* > CO "32 (/N> *o I5S1 rono * s c r\ o o_ at Z 41 <u J4=1 .2: o'.Ca S2 3 eI-Cu3oo !<3 *C .2 >> 3C 3 (5 a * i,55* U C S ES 2 O CO pp-o .4X51 "o3j -4 D Z co o *3c (A .2 -| oi CO 3 9 <N O5 '3*5g 0 2* O_ O3 -3 O 3! *- sSC S ul tel tel *r s 41 41 M c a (a3. > CO s"3 u i80 so 41 _3o 5 S 00 322? S <N *3 .2 .00 " o' 2 IS Z OoOfNN ^ 0o0 John F. Heman School District of Independence, Missouri No. 30 v. United States Gypsum Company, et al. No. CV84-05334 Circuit Court Jackson County, MO 6/9/86 John F. Hernan St. Joseph Hospital v. The Celotex Corporation, et al. No. CV186-047 U.S. District Court for the Southern District of Georgia, Augusta Division (Trial testimony) 11/11/86 o0o0 r OC oo c4o> > 2c 55 3 *o 6 "2 D cS .o 2 T33 3O UJ u o co *3 *A2 o o >*<J 0c " C^ U jo s 1 S Q. C2SJ onco>noII x3 a zO G 8 t CmO T2 2 E E XX Cx bu J Joi Ia i T<o bu bu . '3 2 1o 2 2 CO 2" M O 2 Uo "2 U CQ c -- Cm *o5 --= 'g 0 S.S .o 1 g.CJ "3 OQ Cm .0 -| GO 3 O ON uT2,, 'O -3 -- sn >s^_j gs 5Sws.* |3SsS"(ONo' ^| -g Soo c *3 :3 8 ?o 0o- :c HOZu > ^ t mO _ 1"a3 co S oS Edith W. Hickman One Wilshire Arcade Imperial, Ltd., a California Limited Partnership v. W.R. Grace, et al. No. BC 011 763 Superior Court o f California, County of Los Angeles (Videotaped) 2/2/95 3/2/95 3/3/95 o O' oOn --On --On 9; O Cr*1! One Wilshire Arcade Imperial, Ltd., a California Limited One Wilshire Arcade Imperial, Ltd., a California Limited Partnership v. W.R. Grace, et al. No. BC Oil 763 Superior Court of California, County o f Los Angeles (Trial testimony - under seal) *!o jj .c3S 3 o$ M > CO CO J> ISo. aa* u "2S s jSsL Uo 0o 1= .2 a -- NO "oo 2 oura Zo <u to or5 ua u a= % O n o _co 'S S . CO 53 CO J3 C/3 as=> ^0eo CO *3 SS u 2 ri JS wMCO ZoW wO? >* S 3O CJ 3 "3 c2 2 < 8 & CoJ C<mo Ua 8 t: O3 u >3 is 2 JS b a:oo ss S3OoB 2Z _ O 55 Z o 8 o I ed > 13 a O55 -cCoS "o5c5" o -oooG c/a 2 | .2 <j "cu2 u a Q3 co o ^ < r0Vt---4t 2 CciuQo --1 oC__ a. O ca> S Q = -Z2 Cmo 1 * D > o o (oM >* e 30 u co 8 > ,1-p rji o =3 u OCm o> > t: p i 3O u alai 8. w3a o 2 '3o oC/3 <3O4CSC) I>> 0-wCu333O oo 9ma00s0 4Z n bu pa 3 0i 1 12?a uu g ^ .06s0--u.5. JmO' CO . UZ i5-ui Ogrf >c Ea- .os O & S3 S2 Cm " 2*3 ^ia X"Uo t2fl QQ ^ * JJ -s isjs .3 s uu ec CO CO jo< oo JoO JoO aa << << la t a la la a S2 s2 S s Mark A. Hickman Edith W. Hickman 12/24/88 U"9 oo roo* S00 in o CJ Cinnaminson Township Board o f Education v. United States Gypsum Company No. 80-1842 US District Court o f the District o f New Jersey (Trial testimony by deposition) Partnership v. W.R. Grace, et al. No. BC 011 763 Superior Court o f California, County o f Los Angeles (Videotaped) CO a) <CO9 > *C 2<u e<<o-> zu > >><M 112 UBo u S0 `509 sS c 2 2s 1S28>3* *c*n* l OSS J> 0*j s a c2uu 2 CO T3 'S2 3 r- (N 0oTr*1o 6 Z co = 09 . 5 -C O I*, *2 . 09 --ca *82 <0<Uu0 j2S280h39 so U0 =3 4> >> o t: ifau5o Oo U *C <*J .2 1J Q .'S>S "c5o 2B ca a co f3N cco 3S Cm D2 C/3 "J23 > *o o<i<nns lO *> ~o2Sx js 3 S -U2 Jg Co 3 "3 <N Z O CO o 2 S o Ju3 o Z oSai.. Z go.. Z < oC/3 o -CCO 1 s5 Richard Hopper 7/26/83 7/6/84 OO oo pN ? VOOO m Lexington County School District Five, v. Richland County South Dakota One v. W.R. Grace & Company, et al. v. United States Gypsum Company, et al. No. 82-CP-403050 US District Court o f the District of South Carolina, Greenville Division o o CO vc5 CO wo 5 -c `S D > t: c `3oC 3 .2 a-s s .2in Q<u s1o3 JaS CO GO -- co >8c1) >, c .D6 0 , f II C3 C <J (N 1 fr - I >S CQO. 8S 2o a ao 8 te8su <a. > CO s"3 emu JS 90 3o4> 3 sO OoN oC'otMoI =u *u4 *0oCO0N JSS3 mm* *8 -u9a-3 --a> -ZO5 c00 o CJ .2 1a3 93 "ooseo3o eu '22 o t: `3b 3O > uGO e gl cr3^j 2 CJ o .2P 80 .2 w3 co *3 3 CO oi NO .Ea=D > <2.8~o g <Z o 93 020 93 JS 3 *1 cj 1I CO <* 2a. *4> U < 3 CO r*9 zCmO > > i 5VmcO3s c 3O CJ O' - * -3 al o o 8 .SZ ^ tB cj z o a> c2o J: O fti J3O eu 3 > I| i *1 3 ag 8 3 *8* 0Cm o <J ? a1 3 2 oo c3 > s *3 eu .-23 3S u 3V I J1o 2 Ia. 2 < CJ 1 o 93 O 2 Cm *4 CJ Z O M 2 O S 9a23 3 c3 0 Z 0 XX 93 93 9a3 9a3 23 3 0 X 93 8 c 2 X >% 93 3 O U U O co Edwin Jakacki Clarence Howard, Jr. 11/17/87 oino vooo $ CJ oo ^00n <00n 9i 22 voo l sooo S roo S Wesley Theological Seminary v. United States Gypsum Company No. 8S-1606 In The U.S. District Court in the District o f Columbia United States Gypsum Company, et al. No. 82-2072-0 US District Court o f the District of South Carolina Columbia Division u6 to UCO CO 4> Jj O > 3c CO S ~ o <J o J3 ^ u 'S c os c s to cu Q 30u8 < a aS rj> CUQ. voj " <u r01 `\ LmaXusi a 2* oo ca = o .2 QZO o s om o o Z --3 -- u e .otxo o a* s jf ill O3 ^U a igo a w t5o aS co --^m. cJS 3S S to CO ' 23? 13"cuo >. Z .X -X a ta a a% X x fl 03 *-> 5e e e c e T3 a -a 3 3w tu w Edwin Jakacki 5/23/89 S/19/88 5/20/88 Hebron Public School District No. 13 o f Morton County Wesley Theological Seminary v. United States Gypsum Company No. 85-1606 In The U.S. District Court in the District of Columbia (Trial testimony) O0O0 oooo aoos S i uLUM. c 3O U "S u | '2 D > s ,o O <ZoM 01 fl.=2 <2 2g cj o 8I coa -3a cu o eosa CQ I CmO t: 3O Co CJ M CO 8 o a. g a > '3P 12 .2 *3 Sj3 eo ou u- ooVO OO --Cm O lt-- e0g 21 9fX 09 U2o Si. rVs 2Oi o S>s CO . -- To zas o .2 <J >1 O zd 2b 38 "| 09 1 '2 * z4} D 0Cm U> * c ,o 'C01 2 8 Tcu3 JuS 0 OCm m 1 ffl <3 o. .a 1a2 .-2 i >sQ 3 is? |I | .2 ^ 2 ~i Id, * .u5s o>a* 2zo. 3.b2 JO ,, u .2 3) 3 Edwin Jakacki Edwin Jakacki ^4 8 la a a -a 3ae tU3 "tu3 1 aw fCp%Oti wM1W 4/19/90 OooN OoNo wm NO ON OO gOoN NO C00! rl Cj California Sansome Co. v. United States Gypsum Company Stale of North Dakota v. United States Gypsum Company District of North Dakota, Southwestern Division No. A 1-86-184 I a> g5CL -ea SQ 02 1S 3 cj or aCO 3 c co > es 2u CQ o .t>s CJ 3O cj <N NO OO o Z 1-aJ>2T ^oes -020 --a> -xS *c ^K "c ^ o c S a3 2 a& c .j28 '> 5 ro 4) 03 M o* Z*ac tn OO *u3 e Z I 43 0"o33t s>O QO o 5 o o -X C3 40U30 4Q34 ^ - -s o oo co l! cu Z - Z <<O*_ T NoOo g m4--> o u Z H2 C/3 *= Q- zO b 11 TQS Uorn *woCc/3 03 J--g O n2 < t: >u.. C3OJ a^ .-2 5X iMs *sS - CO 94 5 DJ<2u S--oi a- 22 -X 44 a3 eo IS tuo 2 44 44 a S3 a C 1 TW3 *o CD 44 33 4e4s "uO5 Edwin Jakacki 1/8/91 5/31/90 Akron City School District v. Armstrong World Industries, et al. No. CV 85 4 1242 In the Court o f Common Pleas, Summit County Ohio Tioga v. United States Gypsum Company In the U.S. District Court for the District o f North Dakota 6/1/90 oI Si 00 O' s 2 > U"l ao oo S-- OO CO 42 ^ .2 o2 2C x 4i CO 0C3O uCO ,C2 55 a *`>2 Q `2 C3 D co o U 3 o3 -- a 03 . -a sO >c; a 0^0 <OCNN' 4S-> 5U Is SZ oSersO 32oS>.. 9 --O_3. >: C3 O U-3 0 2 o o tO-- o 033 C<u 23 o cC--OQ > s3 Uo u J3 2 kc o <3^1 -c3b ^ee. --wM .--c2o tS C0m33 O e* SI* h c9 a QJ OJ S -C 2g S 1*8 0a3 3 j335= % '2 D > 2c aCOO o a0 2 1 U TwC-TNs (N OO ts uu 2 .>3v O. Q. U 2 7! >O tS Edwin Jakacki Edwin Jakacki JA -X .3 .3 g J*3A* a .--3xj .0339 2CO U C e ec 1T3 03 s 1o 03 0o3 > Os Os -- Os ^ ^ ^ , c> ^ JO -- ^ n S' ^ ^ ^ C! ^ CJ ^ Q io n so so Si co: s JO ro 5/5/92 5/6/92 The Mayor and City Council o f Baltimore, a Municipal Corporation v. Keene Corporation, et al. No. 84268068/CL 25639 Circuit Court of Baltimore > c3 O #U "2 o S .O3" 2 < 1 4) 2s fr o < <4-1 Uo oc4) t; 3 o U > *O3 > S':s i 5 \0 * o Xo ~43>1 O C3 d `c mZC Oe.* s> U 3 .'3 2o 2 *32 03 CQ 2 3 M2" O O3 .2 o "c3 CQ <-- o u os a csoo 3 rO3 StNO .>3 0r.S00J g o 8S1 (CO sCoN t <u Ob VU OO. i2 S >2 CO O GO JJ CO so <c cco 3 O U .2 3 CQ _o eo e 38 3o cu .`22 '5a c 3O > .U3 Mu 3c o .u3 00 o w2.. .3c2 9SrO'l (Si30. o 32 o o 3C/3 aso. W GO s O CO 2ca 55 w (S w "o3 i o '2 CJ D > "13* GO 35 3fuaT 03 D eS S w OS i? #* > 'S' _o `m a *3 >* X) >c 1 <2 *2 O *3 oo o i|-Cotg oSBEi*oto--o. 03 -- o -2 O 2 O C 2q 2 I 22 CQ a2? <*o- o --: -- e *i HOS -T voJ CQ *i *3 3 3. oc aCT ^ 3o nO nOs ,co `35 a0) *3 .rg3 <u ^J ^*y u l-6 00 ^oo5o 1"3a ^ ^>CO S ?i- g 5r >; 2 00 s -oo Hu2U id aa a I a a*--a* --a a cc e c a i 11 TC3l] "3 CQ *3 CQ 3 CQ 3 CQ Edwin Jakacki m m on on no or^\-_ pjn- n ON oo oo oro> NO 1? |I 2*>1 -->Cu--O 11 o cj C <u > o. 12 Ct0ck-O* CO 1 c 3 cu CO CO Cui_> eo 1 t; 3 CO O u CO ' 3 ?S* OJ 3o. or O C/3 L--J STi 3 =? 2 60 < o Uw NO eg cOo 3 oo *-*- CM O > c M"** > 2UC3j CJ . O c 3 O uZU 2 2 2 o CJ a>*. 122 Oa CuO <u 3 *3 C"/3` 12 o 4J a.M CO `2 3V D SI co o c 2 2 o <0 CJ C(U O CJ r tBf)O 3 U3O ccnj ec*0oo0 u o.r2 cj 3* r> ccoc o. flu CJ Z * - c/3 J -a on >> 2 2 3 CJ '"* o <S cj zfO> <C*N3 00 ON 'oe 3 ON .y j cj >* c Om .C>3Jn5O5N 3 O CJ -so _3o M > ~- -J O Q 1saw o3 CJ -J 3 r*1 t; T3 Os 3 U ON O o J CwJ 2 CJ 5 T2S '3 t; 3 ca zo o u Q. ___W cj a CO o 3 on o 43} kt CJ `2 'C Dw 5 u >u E cl o *C m 5 o"3 CO '> CJ 5 so o co JB ^ CJ 4) 3 12 co s 3 t i=;ca<s O CJ e 2 o CJ o<or-NI- _coJk 2S co CJ .2 2 x 9" o -3 O Z C/3 6 co .22 c|ok- Q01j IS 1I >1 p J2 ^a m n 13 12 <4 -X 12 CO CO aS3 8 uu 1u CC 1o >s Ps ok-5 O >-- '5 c.2 e G '5 1 _D. J= s 3 3 3 5 3 UJ w CeJ 12/17/86 n go oo oo oo iri ^ 00 CJ CN CN SS 'O oo s Kershaw County Board o f Education v. W.R. Grace Company, et al. No. CA 85-CP-28-58 Court o f Common Pleas in the State for the Eastern District, Northern Division o. Oso s ~s 3a>. 001 0O3 c .g2 3 .2 1 V5 Q 55 -a C12O .oE3 'S U 3 12 1> ts3o S >* ^c O ^ o5 S o o2 3 2 00 5du-1S 3 > > S 3 U ur ).p s 3a>v. JU a 2T3J ,co O z3 JS c2 t; 2>u U3o > `c D o H So co 3VS S Cmo c .2 2 8. =0 . 4> >* < 5cn cv1os s -2 Soo? O *5 UaO jEUS- ceQ8. OSo cn OO O Z *oCC .~2 Q CoO 3 CO o TW3 '2 D *oc M 3 > ~ 0 c o ts .2 sTcSo l-s "S -ooa JCS .2 3 cs is 2 S S O CO u . Q 3 t i So # 3 U c 2 O. I O s o1 CVNO<7 2E --o Qg .5"? o5s 8 xu -3 2>>* G 4Z cio 0 1 >u <o 2 .< o >, -- 5o >e3* CZmmo 0 0.0 Uos Es O C/5 oo See 9 _3Cc/5 T 00 3 2^ 2i- 31T 8JoS. DC OoO 5- > Z 0 1 3 20 u1 3o O 3oc 3 -O3 J3 c -s O 3O CJ. 2 'S >* o 3 03 S -c3 O 8o .4 iI < Vr" CN S I Ia<u CQ 8 1 a S a fr-* Q ^ z2 ^o C/5 8>o. cos>on c1> c<2o o Coo/5 U JaS "3 OS .'o2 3 *C 034 a3. Jo8 3 ad George W. Kellogg 9/16/86 VoOo o0o0 VO oo m oo ri c: CJ Cm! Dayton Independent School District, et al. v. of South Carolina, County o f Kershaw n 5 c S-l M CO CU a ll so o SO o is O CO *S 5 01 - 3 '1 co ao JJ s > CO H <0 co .. mC e oi OO a. 5 2*0 o 3 co CO 1CO 5 M Wco U 0> o * e .o <o J3 3 U e I5 S3JS 55 t3 2 "S D 4>) o *oaC 5 CU 0e J " J s vi s>* S5 --c aAsoft iao :s u o is O co oQ 5C/3O C^O 3 2 3 -a 00 j >> 3u3 ovj 2u U Cm 0 0 i? O 1 ffl 0in0 O 1_ . 0*?0 .C1Q c3 "w3 *2owC e .2 3*3 M5 "jQOos CO _3j <u . 2 1 Q2 3 '.5 S 3 z? c r339 CJ c SsS* o U 9 (rN> I 1o3 CO V < 2 s m ^ < j3= Oe li2 ^ S Uo u 2 O CO o S8oO0 9> *>o D <u go U s O c JJ33* *"25 3 CO O H3 3 '>3 fl Q SO BO s2 T312g) "32 -E u aO Gerhardt Krug VoOo CTv 00 rn r*5 s gv vo SS v c; m No. 87-M-510 U.S. District Court for the District of Colorado (Trial testimony by deposition) M 5 0E 1 W -C ts 3O -u Cw4---J> m>V . .2 la5 u f< OO * <D r<r~N* C3UQ o ocaoI CCOB * d 2 HC<-> O O 2 oo o 2 O .XoeCO o COo tU; CO 2 o c 3O a TC<3u U -UQ-a, c Es .-S 3 a m C G 3 C>COU *S O C BO CO W3 mmw> ? rr >eo s \3 _Q_ -2O > 2 O *3 JU D. CO > u o 2 C "a "1 cO CoO a a N #co x o o o U *s *> s sU u JS H CO 03 W3DO > C/3 D 2 s'SST, ^S 2 vo jQUS. 2^^ 3u ^ DO au oS' Cm m MOo *CUO' S 53 cMo 2O - q b CO 2 JGJO < cBO 3 CQ _o 55 3 CU 'ES 'So >"3 co JO o oo m2s* IS rs1\> .. a vo rSl^ =J2 E >3Q. o CoO CO I `E D > M Mo"* M 2 . 3a sa I "2 2 -2 O BO BO so 23 u 1 11 -i Uk* 1 o aO so BO 1 o OO 3/9/84 5/23/91 5CNN 00 moo roof n Ct-J* CcnJ rono oo go Anderson County TN v. United States Gypsum Company, et al. - In the United States District Court for the Eastern District, Northern Division No. CV 3-83-511 Port Authority o f New York and New Jersey No. 91-C1V-0310 U.S. District Court, Southern District o f New York c JO 3 T<3U COJ M* 00 I-- m Cj CU o c < < oa > 4> 2 OCm CO oo 4J > .a &C2oa*J~&3c2~ O 5 gj" -OCa. CKmo Jai oa o ts 30 CJ <u 1 .* o. o 3 >* "gr~o z*o Og T3 . O Cm a ^ eO t yyo 2 2 CJ oCO 5M5 o T3 a *2 D _"Co to 5 > S Cm I :s_*Co to w cWo o > 5 MS a sOO CCOJ o CO cO <u M Q 3 M 33 CO o f ID W 3 rC9J c Cu 2o U fi-s~l :cso&a 2a, S ^ u xS J 5s* O 2o cio ) CO 11 *UC sto *"* CO 2 3 Cm 2 taot CU mS g> 3C 3 J <W '| a. | 13 c2o cfui HC3 O) M3 H .2 O3 s 'S 3 " o,Q 5 a: cu O tou - o3 i pj ^ o cuo C3tOt 3 s r5 2 o 8 Ao WO > c 3 floeQ3 ,,0 co O a; iJj C 3 > i 00i (N d 2 Cu_cO o o CO O>*. O CO 3o CO 03 OCm T3 *2 3 M 'CCJ to c 3I CJ C3OJ *tcs S3 O to CO 5 DOO CO JO o C Ou ^ ^s ga O >; Z Io. 2o CJ <N OO o 2 o ca I CJ i ii4> CO 2 J3. 2 wS -aJt o cu CO >o 21 cu > O g M> 3 _2 wS 4eJ m) _ CO .c2u vS !g cu w Elaine E. LaMarre (aka Lovato) Robert Kruzshak > /> oo p*. oo p00* O00N 3 5 rn oo 00 c*t N0O0 c; m 10/11/84 12/2/86 12/3/86 Company, et al. No. CA 85-CP-28-58 Court o f Common Pleas in the State of South Carolina, County o f Kershaw Dayton Independent School District, et al. v. W.R. Grace & Company, et al. No. B-81-277-CA District Court for the Eastern District of Texas, Beaumont County a Si <U i oa QJ *B c i1 So OP5 p2to tuo 'w' <u 3 Tw3 o o CHO O CQ >% > U 0e<Nno0i c O3 U c ~ 3 6 6 " ^ rj j ,^<2u i. Oos 8<0 Uv -Z5 Jfe o CO o < >CO k 4$ CO C Si T3 3 oO "3 c0 CO 1 co 2 3 wo IOo o *32 O CQ `3p >c ,--u > ceL <n u| o S3 > i> Sa3 3a. u. =3 o>% zO so 52 SO-C3 W-,* S ON [f2l3 <N Peo -SPi g 2 O QC os eS wo Cm0 1 a > 0o 1 2 u j. CU 2eo>o gJ I -2 w3 S5s _ if w% 8J 3 3 53 i ss .3. 2 w8 8 *-> Iws .32 c n-8e3o CA ! Elaine E. LaMarre (akaLovato) 6/19/85 11/1S/89 os* VoOo Kershaw County Board o f Education v. W.R. Grace Company, et al. Tullahoma City Board o f Education v. United States Gypsum Company No. CIV-4-88-114 US District Court o f the Eastern District of Tennessee T3 .2 E < > >u 2u C3OO JO= o c -Za a3O tt *S 0 CO >* 5 CO 2 o > o E MJ2s co* >I oNZy- '-= O 1 I* I IS 3 o .2 i2uzq eo o3 ia2 xQ ^I IH g3 * l-s C/u!Q> Us 2 CO o .5 Q Q 2 IS Ca8 o ."22 j* =u CO 2 c<u -- S I OooN U co "3 Oc :r* a o 2 4> C<Ou 1 o d S3 e I| E^ 3u 8 2 CTcm30uJ *^3 t*. . o 1 us a "3 31 Vi 00 J| ^2 OEo o< _ Z r- f CO o yc Q. <U i3 5w g js 6o ol CuO 3 55 OSPO3 *2>3 ~Ma co Q 5 g f co 2 3.=>^ 3u 2vni 27". 2f CO g5 e-_3a ~Zo' -g *owC Q E 2 > wS3 *3 u 4> A o .L9 S31 Q -0r; -3 -mu O Uw O c .8 to i cg c a c U u< 2 2 1 u 8 fr-*> <n 00 35 03* S3 1 CQ w Q 2Z E-- Cmo 2 .22 cS m3 _uc *O3* io "S 13 g 2o u a 0 3 J3U " > .1 "3 -J C3O 9 5 0 1i 11 T3 W 9 w Donald Lundman William Lee 3/28/88 voo oo 00 V0O0 V0O0 S n m Mayor and City Council o f Baltimore, a Municipal Corp. v. Keene Corp., et al. 4> 3 c4o c4o) 3 CO uo oM O a= = 3O CCmoO 5D SO *Tcj sO> "bc2o*. 5 O J: <on 1_3O .c-g2o*g *s 3C .-2 IS2 *35 or3O 2 o cs 3 omo<Nooi JQOS ^c1o) to Q -2 | CO . f3 rU9 c a. So CJ D 9 Cro-N~ <J ISo^ o OS CO > 3-3 2 "3 2 i 3g ^2: o ^ S cj .Jxd2s> 15? a oo .Zjj -2 coo ~ S'? 2 c 1.2 3 5 o2 Ic u 0d0 z 3o u s o' `C3Q 2 s3 s 4> SP sUrn ; co o a3. Frank May 12/19/88 VO 0000 rn 1 State of Maryland v. Keene Corporation No. 1108600 Circuit Court o f Anne Arundel County No. 84268068/CL25639 Circuit Court for Baltimore City CO o ts JS cn > >** <c sso O3 O 3 C3 .2 "s3o a 3 a3* o .'22 *5b 3O U > .ss --3 2 o o o w2ca .2c owrori r9) &u ,~SPj oo. jz CO a> arsj Io > Q O CO j= C8 73 CO 3O 4aJ CO ts `2 D 3O U > ts 12 aS DCO *o n i5* (N CSO ^I u> oo `2 6 =2 Z 12 co J a a > 1| c ,2 I0 ca u is 3 s Cm 1 a OM 3 1 a 2S U <oNo ac c -g 0 u V oI 1>e Su2 ^IS< oo U o w 3 O CO ^ CJ Z o o J= >> iQ. 2o ~cs 1oe a 22 23o. <->,, o> t1s uC/1 CO M >O- CO -C "2 s. a o 3 CO D_ 3^ ICOO ^Tj- |22 cs m S Cm ^ '3 ow> NOO. accoo d o o z2 is J>S oio uio U>o0 S Oeu>oo cu 2 O0 22 co S CO 33 CO CO c 1 O q. 13 8 o 1 William McManus 11/13/86 Kershaw County Board of Education v. W.R. Grace Company, et al. No. CA 85-CP-28-58 Court of Common Pleas in the State v go oo Voo S s Ccn! O 2 c Om 3 O o Z O c o --^3--: in Oos ^ t: <u aQ?5.* cC3Ji o E . O3 fc* o a 80>. E 3cq G 3 ; ^a^ .T co m Tj m --2 3cB ^0 co CO E > =u 4zCO E> >c cMu so <J 1.3 3 2 O. co OQ 0 s 2e ^G -o 3 2o e CJ D t3 >= V. co &s | CO 1D co u IS soo J2 is _u- cn oo 3 o 2^S zo Oz^. CO o2o ua o +ym* 'E 3 *C cS 5 <>u . oc 1:1 CO $5 5 o <3 O _; S 3 saJj sJ CO BJ *5 * 2 Q S 3 *I 3 C,9J a 2 O. Eo CJ * 9 cpn --o a o 0? .3 3 -Q oo -5 4x -> ,*5t* oZ co sCO Eu a W 3u O c <2 CO Q -a o O3 ^O ^U*! Q o CO u a 3eOS=-. - Q a u< O 2 a4J rr~~~ u i i cn CQ go a >S* CQ Uu* 3 Q < O Z ^ o O 2 CO CO 2"3 5 CO 4) 2 e 3 CO j O u O > .2 -3 .Q *23 rf ,, > eS *\yn .2o c 2^ o Moo CJ Z * - c-no SoUn - ojn 3 3 CJ ^ O <S CJ > o cCnN~ c-o 3Uso OV' j ~ uS$c o CO o3 co CJ -35 CJ C O3 3O 3 T3 O' J OCN' 3* m ON O VC s ~ ea C J . 3 -3 W ON S o -> E s T2 S | i c3Oa zO .8 CJ 8* Q Vance Newcomer J>=v CO u>u* 2 2 _c T3 Z o Z 2 "3 U 9/5/86 3/24/92 VO 00 VO 0m+ m 00 $ oo C1 00 Ov n o oo Ov /? Mason Public Schools, et al. v. W.R. Grace & Company, et al. No. 84-52860-NZ Circuit Court for the State of Michigan, County o f Ingham Board o f Education City o f Chicago v. ACandS, et al. No. 92 L 9934,92 L 9933,92 L 9932,92 L 9927 Circuit Court o f Cook County, Illinois, County M c3 co TU3 o T> 'E *c 3 at 3 9>) j= 'C ,2C '3 so3 '> _co *a* L\ZJ '55 ^ tn -2 '> o 5 f Q 1 CO D Uo c<D E t: COU3. o>. Q *ons D ui 03 Ju5 t; S 15 o JCoBO u ^-C2 .2 >> 3oa O c &Q i< c 1UoU.<Ou~ . mgs u !" fNi 1 C0UQ8 C3 CQ g t-1 .22 uo- 4> 31 s > ^2 > U8 C3 ^3 .2 sn -JCoous3O a "z3. Oo ej *C S o< s3o U co W O uo 2o>o3% o'S? o "So? o o o o 33 U CQ 2 2 Jay Padesky Dave Newquist 8/17/83 1/8/88 Lexington County School District Five v. United States In Re: Asbestos School Litigation No. 83-0268 US District Court in the Eastern District o f Pennsylvania o go pv oo SO OO VgOo sooo Srn oo 3 .Xo 3 Q To cO3o MM c2 i| CoO.0O O 13 = s co a oo *<>sn S oo 25 cn J_ucsuS 2 ooooo. SdEuo ^2Z co JO "3 <_Ot1o T3 2 CmO > E 0 3U 13 <2 1 "3 a O 3 T3 Zj _r .35 _j --to^ "3 COmO d O3 U s o u CL a >*3 u Cd . C3O mvrO" ^ -- "O 5 I2 .2* J~2 Jc3o O/2S 2 CdL8 wCoQ. ot> '-C cn 3 OCm *"c8M o'C Ds <U 2 c iVs) 1:1 O o "TM c 3 JS z/i 3a 3_ rQ> -s ` i D *U3 O 9 2 sO c O CJ CrN- 2 --o 3 c* .5 S 3 9 cj S-i xA) m! 5>** O o 2 co CO 2 "c3o o 'Sto 5 Q3 E MU w JO Jn3 & d 3O 22 >i u ^3cOo C~EOeJ" u0<ou. Cm 5 VO1 g -3S I& Oco OOI > CJ 2 I Ta"3 C3O CN CN II o ^ 8 r i o-S c* > 2 o o 'S CO S E a! u3 Js .2 S 3 5o o w^ ye JS zA II <co "CO M3 < O e 2 | 8. ^--S r** >; i-- a, cn OO o3 ca A 2 o C3 rS v r a Cm Q<2 o Jet B. Raynor, Jr. Michael D. Phillips -3X ss CaoL CoaL la J8 2 Cco ^C4 tei CO CO 3 7/6/84 Greenville County South Carolina v. United States Gypsum Company, et al. mn on m VoOo pv ifNn So ^ SS rJ $ o "oE M Q if Cm OC .2 | w _: .-C2 .S3 53 C/J -2 5 sf 55 |-o g NS O r- o< S3 ^(N C^J C/3 OO O>* O 2o O Z M 09 JO "3soo < o09 -<au Cmo S 2 US>c2O <S so 1 3 U 2 Oa "d Cm *1 -- r>--* 3 m m2 3o S o |2S -5 0 iM c82o. I* <u > VrO- 2M .-& O= 72 03 , . ^ 2a |O sii.dZ T3 `1 c* 3O .2 u CO i c2 u CO "Uso So -3 --* d 33 CO M o c U I o c "oS O 04 82. CO A TWO3ft C 3 6ft >% 2 2 JS 72 ^ >^ .2* -- JS o 09 - . go JS VQA <G eft o CG **eW3*ft 81 6 O cu Z oo !*4 U <U .! 2 O S* <0 2 M 'S ^ 2| lM Co q tf 3 O eft >* 5 CO .x 2=> M O O --Cm O >- d^*mo O 5 f > 9 Z oCm a\ *4 eu Z 09 s a 8 & o .o 2d o i- s> .2 09 co?.l <* U Q o JS 3 mm T3 i "2 a ~ a> t3 o0<N0 M VmO O `M3 n cr 2 o icoo Q 8 S 3 4 2 83 *i ic-8u. 5 04 O O w Clyde B. Roe -X 33 >> 3X X 3 s s 0 0 '3 04 o '3 04 04 bi 03 x: 8 0 Q 0 g 2 --> 0 iono moo -- CJ n 'O ooo 00 V<NO s ^ n n in m oo vo r-* 7/6/84 Richland County School District One v. W.R. Grace and Company, et al. No. 82 CP 4030S0 U.S. District Court o f South Carolina, 3o GImoO o *c M S c 3O CJ tf*l TCSO Qq 2i cn a 2o m os rs .2 S o -3 Z CJ 0c0 ea 6 eg "3 lCMoJ <u 55 3 Vom t Jooo2 CO 3O CJ oMw e3o -33 _ es 3 8. 3 3 g> 'c r M < j=Co3/5 CeOJ* g>J < s? r---~ o*r ^ CJ Jcoo mo >, 3 sM o 3 -J u. Z CJ <u -- S3 o 60 ai a > 3Ce*O8* a "3 3 3 JS a CO 5 io O 3u u >* 3C = 3 CO .52 cj u 33 24> Q < 9 -c 2 r- ca "--3a3 >cSQa;. r<n 90 u CQ g 2 Q o =*J Ztoa_ Cfm-So> *3* 3 'Cu 5T Sm2 J C<mO 3 Z ? > Cm i i O 20 20 'C ts CJ u M u c i 5 0m0 3 cCoO Q C OO |3n CCOJN 3 "3 'f t*- CU C oo =) o E-- > Z 3 2 CO 33 J Oi OC 3 eu a >. s 0c1 3% 0 *33s C3m ^s 3 CmO I 1* -32 CJ s 00 3 coa n CJ > . s "5 30 --J u 2 OS rj *1 i* 0<0 jf= m33 3 ^ 53<3* o CJ cj _ Z3 CO <Ou 55 Qa >1 0 C<O0 3 O Cmes CO C/2 O "O s2 '2 O 'C M D > o 1u u I M 'C 3 o .2 co 05 CO CO ,, > 3 = 35 -_3 2 e'>_ o *T CJ o <n a 3 ar-- O =3>1> 3^Oc .*C0^?N0 .3gco2; 2 o o co C CJ Z CJ CC1JO C .2 o<0 > coa u 3 _>* CJ oo4C> cuaa _> CJ u i c ca .1 a >3> 1 U3 u CO CO D3C E JQo8C Robert Russell 12/10/86 N0O0 CoJ C! N0O0 00 Gypsum Company, et al. No. 82-2072-0 US District Court o f the District of South Carolina, Columbia Division Dayton Independent School District, et al. v. W. R. Grace & Company, et al. No. B-81-277-CA District Court for the Eastern District 4) 4} <u O3 gJ 3 U. "S'2 Oa Its cci s 3 >a "3 CD v 3 g o 3 `S CA Cd 3 3 3 3 CiD J3Z COO GO a CO < eco 3 CQ in 2 3 55 -o 2 ' 3 3> IA so Is s> c Oa iCA > s3O s aCJ co CQ JoooS CO o U o c* wj 3 o .8 CO 2 o W oc = = 3 2 c3u 3 ` '3b > .3 Cfa *oC M 3 2 J a?co v i3 co 3 f 00 aX" .3 = o2^ p (D *c Z S o o 3 i-- < *-s 6 .2 eu ~CaS _: co < c 2 3 (U rr** cuo ^-- c Q. c <n 3 CQ 3 2 o CQ S Q O Zo ueg O< c c| g* c rr*(-N, u CQ es a3 s00 3 2 o ca ,S Q o Z C o V) 3 o 3 553 q<Cu c .32 ry\ no .-S*' O. jz 5a > c Uo3 2c #cco `53 _0> e J2 CO "3 CO 2 u CO 3 CO c 1 CuO 2 '> 3 2x CQ 2 Robert Russell 2/20/95 2/21/95 Board of Education v. United States Gypsum Company, et al. No. 2-83-329 U.S. District Court, Eastern District of Tennessee, Eastern Division One Wilshire Arcade Imperial,Ltd., a California Limited Partnership v. W.R. Grace, et al. No. DC 011 763 Superior Court o f California, County of Los Angeles n </> c'i m <ONs n oo oo CJ C! CO "csSo < too m3 T3 3 CmO sr> E 3o US3 1 O03 03 "T33 0U"3> <-> S T3 <*- T3 OC J 03 tS 3 .2 IS o <u 1* .$ s2 (U a 0O3) oi o *<a3cu. CO oo 1>2 >. 2 3 > a. mNp>O* -- >eo% 2 *J5 o CO ^ Mc C g -3c a. U a 6 z |3 a o* _o S3 s >4CMuO) < oCm >> *o >> <Z*- in uSo uo CO 8 3' S1>rooO.rrnoN - 2- a r- a* 32 g CO <N 3 VT n- .-- r-O- S OO ZD JC O t- > z eo CO S o CoJ 2 1 2 g a.Js co *S *tt 5* 5* Z OCm 203 UC/3 >.f > 12 o * 2 U 3 Uo =o o1c JS wW is 2H -a r~ o 2 Z o > Z > 03 g as> g6 z o >. a u3O c5o Jr 2 O3 csi jo gL e > 1| .co i| 03 u S 3 *S * d o O 3& o I a *6 OO 8 <N C 3 6! T 03 j^2us >s 2 Uo* 00 < U x Z$ _e f CO uo- Uo c0 cco IS 1 CcO csooo "3 c2 o J CO Carl Setterburg 2? U. 3 JUuSm u CO -C CO JS 4u) JcSo U3 1 co c CO 0&3 Oo 7/26/83 CaNs sooo V0O0 00 VoOo Ov <o 00 oo Lexington County School District Five v. United States Gypsum Company, et al. > s o3 U 8-- MP 4> T3 C0 J3s *3 < 1 &3 Ppcp M&o3 ^U >o- '3p j| 0 mg 3O "S VoOo Cm O O-- p ~' 8o 35 Z oc "O o 4> O 8* 00 20.2e co C CU o as < < > .0ca0 o > p Z Cmo p 8 oo a JS >* I S~ O S OCJ p o oi JS Cm c 3 O u p M " >. j-s e2 ~ !s3 ^i-- *u ss z - . O Cm >2 M 8 8 P" - t r .3 P oo ZU E 2 a. >* O to po 3 CO 55 *3 Po s'S *c 00 D tf 3 O 2 CJ 3 3 COO Qq co u 3= | -3 2 > e (3 -s dj pp pO 3 >c 3a3s. -C0A0J c^cjs; o1-u0z03u v # _u > P u s S2 P < Cmo P Z 8 8 2Ss- >s m ! s| 00 3 OU 4) 0 | oo Is?1 m 2c33 -aM0>l 0*|- eo 2 r- T3 Ct3- 2 .a C ^ t~~ 00 p 3 H >Z p CO p 4) Os o fltf -J cl a > II _co E 3 SJ p 3 O Ss 0 O 1 oon C,oJ m oo 3 >>>* . <n a s> Ie "3* nflU. a-Q op %i < 3 E CJ o P id o U Z Cmo p i o 3P - o *c s3 E p "3 3 tu p a 3 co c OI p c CO P3 3 T3 T3 8 fS uCsG3uOft 1e -C<SPec2aOa31s Cg2O *CE333O> Richard Stone -~V o V0O0 V0O0 oo VO s s wo <N 00 7/19/88 Greenville County South Carolina v. United States Gypsum Company, et al. No. 82-3142-14 US District Court, District o f South o o "C t3 5 oc I:1 ^3 .a 11 Q _2 co o 3O v 9 frN- --o s9 o3 si ZO coo o S CO o 42 O <Ji ai C4O> > _eo oc ^ to CoJ js -a Cmo Su? ca Cmo 30C C*mO4 "8O2 ffl >*_. C "co 3m O i'IO8fiInOto1 >, 33O ^ O 4) a- -?8U5ic_0 cCs5sO. I ^o: 4)# >v fri OCm e. o o "c <J u CO 2 3 5 ie> 'Js S. >v a o I MO ca to tf oo o si C 5 atoCoo 2m>3- .Ca to ..22 > --ca: eo co' sv*3O 3 _ 2 ca -os-csa ^o 8 2S3 W 8 !l 8 O m a Z 5- aco t3; 5* "o3 .a JfSj CO a3a<u "3 _: co < 8 2 8 s> i8. 2U M1) p- >s> <N u SQ --S CoO. 33 2 O ca 2 2 Cm Q *1 Z o a afcu MCucJ COi O "C --8O OQ3 .'C2^>O o eo 8 "3 = 2 <5a " Q co ,3 o 3U # 5 I8 U 9<POn- ro: 2SO g 9 cj oo 4Z oco O S . 8a w8<U -*OC"3 lal 1*3 CJ 2 iG co >8. o -CJ- CUO cfOo Mto o^ > cj >oM<u 2<>u 2t3 >u* H oo co cii 3 CO o Cti Robert Taylor 11/25/85 7/29/86 12/18/86 GO O 00 go s o 5 Kershaw County Board o f Education v. W.R. Grace Co., et al. No. CA 85-CP-28-58 Court o f Common Pleas in the State o f Kershaw County Board o f Education v. W.R. Grace Company, et al. <-l o 4> 08 55 .s in w08 oc S S0 3: a-8 1* oo CJ >* OO C o CJ CSB 2 30 58 <u CJ -S O 03 *0o3 c C 08 CJ O3 < CJ > <N Ooocao oO*n3n oc O CN ON I- on 3 c ctsj c ON j G 2Oo* ;1 > Q O z0s8 O CN on. Tj- * ?J3 3m *U3 OONn o .p s w sr\ u 10o coa l"l * zo q .23 CJ r o<u* Q e x ju8 E3 *o _: o' 08 2 3 gW 3ft) 3Z 1= 2 S JX o 13 U 1.2 O3S? gij. > c3/3 3 * Q --c"u2aS(Om3S' J8t1 j! ll ^^ U6 io-. y il JrOS So* =* zoc*k 5 5 T3 O3 CJ I* 8. in |i 2 C/3 0 |3 S M J 1 o sxi <2 ob C/3 08 g om--o 08 CJ - a5 wT1 oOnO 2u (2 " u Uob C 3 O Z .2 Q c0 E 1 o S' J JS _c 13 S so c 2 Eo jHoES _> 13 13 SS Suzanne K. Torrey Francis W. Taylor 7/13/89 11/25/85 vo vo 00 oo vooo t0-0 0000 ^JN rn s l lebron Public School District No. 13 o f Morton County Sherry Wolfe, et al. constituting Washington County Board of Education v. United States Gypsum Company, et al. No. 2-83-329 U.S. District Court, Eastern District of 00 11 iC3O/2 ca 55 o .8 2 O > cea o CO3O co o 2 O caoa cu > oa 1co '3 *> se i-s ts U3k OoCO .Voaao) co s JO '>ao so --- 2 a jg CO M .S o 23 ue e0 * *CWm0o 1 coa >M " U3o <*>-* oo o .S* C03 eO m1> 3 cL u w g -S 1 |u >; n OO Pw CO < 1 I* CJ -= O ^U O .eo 3M 3 3Cm0 1 ca E oS 1 O OCm 'aS e o30c a a i. o<0n0oo1 <3 & S 3 CU 3C co" O 159 -- p u E? ^ 2 - 3 an as Vo ^ CJ z. o Z 1coo-SC fc fc fco ,ho >o >Uv >o* to- Ho Ho U o c uo i 1 1C3O C3O CO CO Suzanne K. Torrey Suzanne K. Torrey (oNo oOoO On s o S rn State of North Dakota v. United States Gypsum Company District of North Dakota, Southwestern Division No. A 1-86-184 (Trial testimony by deposition) Gypsum Company No. 80-1842 US District Court of the District o f New Jersey (Trial testimony by deposition) "oC at 5 "S -IOC1 > NO UtO3s so' 2 at Co . co w 5-- 3oO ^ M O5 c"euo c* 2 eo SgO r3 QJ ~ | 3co rvsi O-at* ^o0JOof 30 1-QC_s o "OOOO. >O >oo m-Saco) "3 .2 2o 2 -2 t- co 2 *sb Oo 23eC>o%l OCO *3oC S So O 55 "3 Og 3o 2 t: 2 '2 3 S 2 cj > c sC 3l3 "L"O3OU3 Cm0 cc3ol -sO3 <N '> 5 2 3: 1 a ceo OoOo _3>J., a2/A $Su2 2 a& *u 2xo 2*o JI =?(5 3 ir> .ogsp u._5 JwON 0o at . :| eCO 1 5S U8 > '8 coco JSr=*i 9 .^3 ea o_ 3 r't 3-- 2 r *C"B moQJ M 1 co -oa *v a 2 C2mO >o ,*c23 CuO *C at 5 -W3a J; M 0Cm oCm t; 1 u3O CQ a. co CO >.OI5 eeeaao .s2 e2 .2 8.00. > o 8 h ua2^ > s o E- s o H oC>eO* coC>O i4 H H <su occ 2 M<U 2 M4> Ia 33 CO CO CO "3 2/7/85 2/1/84 N0O0 030" 3' 0r0> m00 CrJ m CrJ Anderson County 174 v. United States Gypsum Company, Lexington County School District Five v. United States Gypsum Company, et al. No. 82-2072-0 US District Court o f the District of South Carolina, Columbia Division o p 3 CO pp 2 0 01 S3 jP & > o. ao a #o t u3 "W33 31 Cm ** 2 oCm 3 O "2 3O cs O ao c 9o > S 3 3 O 8_ OU* u 3 -S * i 2oo < e2a ^ js 2 CJ <u o 4 O Z co o s on e 3 o 6 Z .5 -- <J c ^oco oa CO ~ CO p * a &| <u S S5 = ^ U pM 8. E S P3 O 53 & *"3 an y w <-> tag .2 co 2 Q "2 3 cU P . OCO 3 JJ CC/33 CO P >C C3 O Tj co *C *> .2 S 2 CO 2 *5 => S3 " 3 p II ON O 2j,:ao ? o CO CN m < 33 .3 3 O*-. O C*J o* -Uc .2 Z CJ Z Q p Si O pc CO cd 5 2u > "3 ui p M M 5 e 3 cOj a "3 <c3 jc ip CO cu 3 . a cs 2 3< ^ 8e. o Vrr(--N* oo cai c C3i3 3 2s5 Q <*J o Zo uCO 3 55 "3 P `D2 o `pC 00 s p 5 _e M tu Cm oa ** *C oS a .2 3-f 5 ys --*n2oo5 U o ea c P Q .3 CO . co o t * 3 voj "2*cOab O. O Uc 5 O. 9 <r~N 9 oo --o CJ & --U a> 4Z c3o -p>a p 1 3e 3 eo $ 2p > d .x 8 3 _3 Cl. P jXp II o ~a co P o cd James N. Walker John D. Ueber 8/28/87 Clemson University and the College o f Charleston NoOo NgOo NO oo oo n s S00 00 <D c O3 CJ 1.1 J3 c>o QQ 8c oo 2^ 2Z_ s _f -- 3U .JC2--3J v- >I. j3 co OO c5 rA y *3 eaa ^o tu Z 6u0 3 s55 9aJ 'a 3 o 'Con u> u cZ o c aoc XZ >2 o3 .2>2 s "s eJUo2So 3 ]). sj 5J CO o zC? 3 U c ,2^s c5 3 2**P o U j Cr-N~ OrCOsMO.i O CO '-so3 o>3 x 5* 3 O II 6mo O 8* 55 4> J a az a a. oe _eo 2 E> "o3 -U3oJ Uo 6mo j12= ts *4 30 6mO 1 y >, OO 3 a >* ? o so 1 *> 330 3"u aU. A d2 P * * oo g 1 I< O | s U - yZm o s o en c 3o o Z y oe 3_ --; V) 2 $1 So 5Isrj 12 yO 32 8,|o *3 g a Cm Q . " sn o 5n C g 32T c_o_ 3* Q`"`3id OscO; If 5 S 3 o M >2 a. 0 W g <3 3m a0^.6wi2 60 O 2 1 y .s #eo S.I Ds- Qw6u0 >2 Z 00 P`8 >x .3 *3 '> 5 Jo24=e) Z - ei 33 in y O 5o2 ^M534 3 7 . 6--0 Q E4) m00I >y "C3 *3S i o < U UJ Z o. Eo ^ -3 3~ 2O. co3 y60 o ** 55 o *c Co 5T3 "3 2 > 'E S s 3 60 2 E "1 > Z6m T3 4> >* .3 15 u XSZ Z= ma" -- *--o g. -4o> x>s. >3 5j `_SU4 n00 _2C 1" *Q r*t "'S s> u . i 0> *3 33 < u Wayne Weber A 3 IJJSA "3 I iZeet C-- M Jco= ui oi 2 -<ca -> oo oo 00 TT OO I-- S 2/27/84 County of Johnson, Tennessee, Acting By and Through Its Board o f Education and Superintendent of Schools . v. United States Gypsum Company, et al. No. 2-83-262 U.S. District Court for the Eastern District on behalf of themselves and all others similarly situated v. W.R. Grace & Company, et al. No. 2:86-2055-2 US District Court o f the District of South Carolina c3a>o%. O eo |S o CO 55 -a 2 c-- o o ' D Urn W 5 t: 3O US3 x: GO CA o3On 5 co 5 D o S >euU -30 l2>aw> cOac. CO <NI OO o o u 2 c3 GuO S3 55 -o s'DS *uC to u > Je oc s*osc CO Co 2o.2'C>O as "o 2 .2 - 2 Q2 jsS f i sa 9 i6 <N 3 c 2 U c P- CnNI o 2 o .X5 ft) OM* >\ d -3 o 2 CO Icx eo <> S3 SQS* Cmuo. oi GO OO S3 -- co .g .c2a 8 > DPZS3>>.O6'3tSCUs0O nJ2Qo<Seu _ c 3 UO 8O5 3ve JS Je5 .O2-- CO s IOI 00 cnI "2o3 C *73. ** i5 ii <1 0 o J -S p <o T3 c-- 2 1 3 2 wS3 m J "33 jS BA C I I b >o 2 C. C & c e V3 822 til go-| cuo 1i33 S "2is Q 3 c .2 i .2 g e? 32 o : g g -a s3 z W pj p" 7 o M (N i 8 CO >. *3 is 2 O U aO co iS C 3>. N 2o tZo s J JJ 1 1i1 JOS JoS o JoS 5 55 Richard L. Welty Richard L. Welty Dayton Independent School District, et al. v. W. R. Grace & Company, et al. No. B-81-277-CA District Court for the Eastern District 10/11/84 s so _ '5 8 '= = >.S2 SQ O. 4> po6t?^ SO oc ? C>Oa M|O. t3os S SO o3 CO o <J S. 'Seg oa S 3 04>3 C9 of 0X3 c0 s1 "c3 >. JS o 9 J = s S Z 11 i* | CJ H 2 o -3j j3d 2 '-C> ? *2 "3 "3 _i -J *L3a 03 JS JC _o _o 55 -* 5 ON 00 JJJ Srn rn T3 s go s * c t: .o2 a at oo js q Bruce A. Wittrup The Corporation o f Mercer University v. National Gypsum 1/30/85 4/19/90 NOOO NOOO NO 99 OOn ^5 C! <0 CO CO Cm2 California Sansome Company and Market Company v. United States Gypsum Company, and W.R. Grace Co. No. C89 1387 EFL U.S. District Court, Northern J-o2 T3 .uc t: It c o AC QCO 8es 3s ^2 _; | *2? T-3 ro. o ^o o QS*.OSO -f2c. I o* .2 OZQ 3 3O __3U U--TU3i C| 2 I *S3 I. o^ Uu **s* c5 Uu 3o ^u "j^3Oi 'u3O- ' vooo SCmo oO--o 2o mZ o V 3 CO 2 J: O ei 3u & > s0 c0 S 1| 1 Sgf -a w t: ^ 3O CmO U >, 1a ffl e 3 <3 * j 2<p & 0Cao0Nii. 4) oc'To oo o. E < O 6 OZ 3o O c -5 i u & 3O CO 00 ISo o o s CO J %^3 uio a> *ss * 8u < 3 J3 ^ s i? e oo ,-- 3N CU CO o 3 3- iS* |O2. d00 Cg S u Z CD COO 00 CO 5j <C _0c0 3O `23 CQ U .2 s> p "a3. eo 3 `3 `2? t: 3o u > MCO 3 2 o O 00 CO 3 Se v 3 S0O0 c2 .S"P o 3Z co 13 C - 55 s ?f 3 3*3 *3?? I'sb 9. 2 s* 2 % . << 00 Ou 29* s < 00 a, eg 3s o 5 < ju00C. 8 to 22 CQ CQ 2 CQ 22 CQ O Dennis Yosick O' O' J 2 Robert Zegley School District of Philadelphia v. W.R. Grace, et al. No. 146 Court o f Common Pleas Philadelphia County 8/16/90 3 F 9898 NANCY KEILHACK, Individually and as Special Administrator of the Estate of THOMAS KEILHACK, Deceased IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT COUNTY OF McLEAN Law No.: 92 L 195 ATTORNEYS FOR PLAINTIFFS James Walker, Ltd. 207 W. Jefferson St. P.O. Box 3455 Bloomington, IL 61702-3455 ATTORNEYS FOR OWENS-CORNING FIBERGLAS CORPORATION John Dames Kelley, Drye & Warren 303 W. Madison - 14th Floor Chicago, IL 60606 , ATTORNEYS FOR ABEX CORPORATION Robert W. Scott Swain, Hartshorn & Scott 1806 Savings Center Tower 411 Hamilton Blvd. Peoria, IL 61602 ATTORNEYS FOR METROPOLITAN LIFE INSURANCE COMPANY Margaret E. Gleason Skadden, Arps, Slate, Meagher & Flom 333 W. Wacker Suite 2100 Chicago, IL 60606 ATTORNEYS FOR OWENS-ILLINOIS, INC. Robert Riley Schiff, Hardin & Waite 7200 Sears Tower Chicago, IL 60606 3 F 9898 NANCY KEILHACK, Individually and as Special Administrator of the Estate of THOMAS KEILHACK, Deceased ATTORNEYS FOR PITTSBURGH CORNING CORPORATION Dennis Dobbels Jeff Matthews Polsinelli, White, Vardeman & Shalton Plaza Steppes Bldg. 700 W. 47th St. - Suite 1000 Kansas City, MO 64112-1802 ATTORNEYS FOR FIBREBOARD CORPORATION Michael Connelly Connelly & Schroeder One N. Franklin Suite 1200 Chicago, IL 60606 ATTORNEYS FOR COMBUSTION ENGINEERING, INC. (DISMISSED) ATTORNEYS FOR ARMSTRONG WORLD INDUSTRIES, INC., NATIONAL GYPSUM COMPANY, GAP CORPORATION, and UNITED STATES GYPSUM COMPANY Christopher P. Larson Heyl, Royster, Voelker & Allen 600 Bank One Building 124 S.W. Adams St. Peoria, IL 61602 ATTORNEYS FOR W. R. GRACE & CO. Bret S. Babcock Attorney at Law 411 Commerce Bank Bldg. Peoria, IL 61602 ATTORNEYS FOR THE FLINTKOTE COMPANY Jack Block Sachnoff & Weaver, Ltd. 30 S. Wacker Dr. Suite 2900 Chicago, IL 60606-7484 ATTORNEYS FOR BRAND INSULATIONS, INC. Thomas Platt Kumik, Cipolla, Stephenson and Barasha, Ltd. 120 W. Eastman Suite 302 Arlington Heights, IL 60004 2 3 F 9898 NANCY KEILHACK, Individually and as Special Administrator of the Estate of THOMAS KEILHACK, Deceased Don C. Hammer Hayes, Schneider, Hammer, Miles & Cox 202 N. Center St. P.O. Box 3067 Bloomington, IL 61702 ATTORNEYS FOR SPRINKMANN SONS CORP. OF ILLINOIS James L. Hafele & Associates 1400 Commerce Bank Bldg. Peoria, IL 61602 ATTORNEYS FOR JOHN CRANE, INC. Law Office of William Koziol 1 Kemper Drive Long Grove, IL 60049 ATTORNEYS FOR BABCOCK & WILCOX Arnstein, & Lehr 120 S. Riverside Plaza - Suite 1200 Chicago, IL 60606-3913 ATTORNEYS FOR ANCHOR PACKING COMPANY and GARLOCK, INC. William J. Mahoney Segal, McCambridge, Singer & Mahoney 20 S. Clark - Suite 700 Chicago, IL 60603 ATTORNEYS FOR KEENE CORPORATION (BANKRUPT) 3 3F9898COC.02 CPL/cla IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF ILLINOIS McLEAN COUNTY NANCY KEILHACK, Individually and as Special Administrator of the Estate of THOMAS KEILHACK, Deceased, Plaintiff, vs. LAW NO. 92 L 212, . OWENS-CORNING FIBERGLAS CORPORATION, et al., Ofto1 . Defendants. CERTIFICATION OF COUNSEL NOW COMES the defendant, UNITED STATES GYPSUM COMPANY, by HEYL, ROYSTER, VOELKER & ALLEN, and certifies that defendant has this date complied with the following discovery propounded by plaintiff, NANCY KEILHACK, Individually and as Special Administrator of the Estate of THOMAS KEILHACK, Deceased (COPIES AVAILABLE UPON REQUEST): Answers to Interrogatories Response to Request to Produce UNITED STATES GYPSUM COMPANY heylroyster VOELKER &ALLEN HEYL, ROYSTER, VOELKER & ALU Christopher P. Larson #6187711 PROOF OF SERVICE The undersigned certifies that a copy of the foregoing instrument was served upon the attorneys of record of all parties to the above cause by enclosing the same in an envelope addressed to such attorneys at their business address as disclosed by the pleadings of record herein, with postage prepaid, and by depositing said envelope in a 1J.S. Post Office Box in Peoria, Illinois, on the dav of 3g-C.em.atr~* . 1995. (See attached list) Christopher P. Larson Suite 600 Bank One Building Peoria, Illinois 61602 ftx (309) 6763374 (309)6760400 RIAN 0 2 1996 3 F 9898 NANCY KEILHACK, Individually and as Special Administrator of the Estate of THOMAS KEILHACK, Deceased IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT COUNTY OF McLEAN Law No.: 92 L 195 ATTORNEYS FOR PLAINTIFFS James Walker, Ltd. 207 W. Jefferson St. P.O. Box 3455 Bloomington, IL 61702-3455 ATTORNEYS FOR OWENS-CORNING FIBERGLAS CORPORATION John Dames Kelley, Drye & Warren 303 W. Madison - 14th Floor Chicago, IL 60606 ATTORNEYS FOR ABEX CORPORATION Robert W. Scott Swain, Hartshorn & Scott 1806 Savings Center Tower 411 Hamilton Blvd. Peoria, IL 61602 ATTORNEYS FOR METROPOLITAN LIFE INSURANCE COMPANY Margaret E. Gleason Skadden, Arps, Slate, Meagher & Flom 333 W. Wacker Suite 2100 Chicago, IL 60606 . ATTORNEYS FOR OWENS-ILLINOIS, INC. Robert Riley Schiff, Hardin & Waite 7200 Sears Tower Chicago, IL 60606 3 F 9898 NANCY KEILHACK, Individually and as Special Administrator of the Estate of THOMAS KEILHACK, Deceased ATTORNEYS FOR PITTSBURGH CORNING CORPORATION Dennis Dobbels Jeff Matthews Polsinelli, White, Vardeman & Shalton Plaza Steppes Bldg. 700 W. 47th St. - Suite 1000 Kansas City, MO 64112-1802 ATTORNEYS FOR FIBREBOARD CORPORATION Michael Connelly Connelly & Schroeder One N. Franklin Suite 1200 Chicago, IL 60606 , ATTORNEYS FOR COMBUSTION ENGINEERING, INC. (DISMISSED) ATTORNEYS FOR ARMSTRONG WORLD INDUSTRIES, INC., NATIONAL GYPSUM COMPANY, GAF CORPORATION, and UNITED STATES GYPSUM COMPANY Christopher P. Larson Heyl, Royster, Voelker & Allen 600 Bank One Building 124 S.W. Adams St. Peoria, IL 61602 ATTORNEYS FOR W. R. GRACE & CO. Bret S. Babcock Attorney at Law 411 Commerce Bank Bldg. Peoria, IL 61602 ATTORNEYS FOR THE FLINTKOTE COMPANY Jack Block Sachnoff & Weaver, Ltd. 30 S. Wacker Dr. Suite 2900 Chicago, IL 60606-7484 ATTORNEYS FOR BRAND INSULATIONS, INC. Thomas Platt Kurnik, Cipolla, Stephenson and Barasha, 120 W. Eastman Suite 302 Arlington Heights, IL 60004 Ltd. 2 3 F 9898 NANCY KEILHACK, Individually and as Special Administrator of the Estate of THOMAS KEILHACK, Deceased Don C. Hammer Hayes, Schneider, Hammer, Miles & Cox 202 N. Center St. P.0. Box 3067 Bloomington, IL 61702 ATTORNEYS FOR SPRINKMANN SONS CORP. OF ILLINOIS James L. Hafele & Associates 1400 Commerce Bank Bldg. Peoria, IL 61602 ATTORNEYS FOR JOHN CRANE, INC. Law Office of William Koziol 1 Kemper Drive Long Grove, IL 60049 ATTORNEYS FOR BABCOCK & WILCOX Amstein, & Lehr 120 S. Riverside Plaza - Suite 1200 Chicago, IL 60606-3913 ATTORNEYS FOR ANCHOR PACKING COMPANY and GARLOCK, INC. William J. Mahoney Segal, McCambridge, Singer & Mahoney 20 S. Clark - Suite 700 Chicago, IL 60603 ATTORNEYS FOR KEENE CORPORATION (BANKRUPT) 3 3F9898DIA.05 CPL/cla IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF ILLINOIS McLEAN COUNTY NANCY KEILHACK, Individually and as Special Administrator of the Estate of THOMAS KEILHACK, Deceased, Plaintiff, vs OWENS-CORNING FIBERGLAS CORPORATION, et al., Defendants. LAW NO. 92 L 212 HEYLROYSTER VOELKER &ALLEN 600 Bank One Building Peoria, Qlinoia 61602 Rue (309) 676-3374 (309) 676-0400 RESPONSE TO REQUEST TO PRODUCE NOW COMES the defendant, UNITED STATES GYPSUM COMPANY, by HEYL, ROYSTER, VOELKER & ALLEN, its attorneys, and for Response to the First Request for Discovery previously propounded upon it by plaintiff, NANCY KEILHACK, Individually and as Special Administrator of the Estate of THOMAS KEILHACK, Deceased, states as follows: PREFATORY STATEMENT United States Gypsum Company (hereinafter "U.S. Gypsum") has, to the best of its abilities, gathered non-privileged documents into a document repository for inspection by plaintiff's counsel in response to requests for production served in asbestos litigation. These documents provide information that supplements and expands upon that provided in these answers to Requests. Accordingly, by way of further response to these Requests, U.S. Gypsum hereby offers to make available these documents at a mutually convenient time at its offices at 125 S. Franklin Street, Chicago, Illinois. \/ (JAN 0 219% 3F9898DIA.05 CPL/cla heylRoyster VOELKER &ALLEN In giving its responses to Requests as to asbestos-containing products, U.S. Gypsum refers to products containing commercial asbestos as part of their formulation and to the type of commercial asbestos used as part of the formulation. OBJECTIONS U.S. Gypsum objects to the manner in which plaintiff has defined U.S. Gypsum to the extent that plaintiff purports to include in its definition of U.S. Gypsum predecessorsin-interest, subsidiaries, and successors-in-interest of the corporate defendant. In that U.S. Gypsum is the named defendant, this definition is overly broad and would require U.S. Gypsum to engage in unduly burdensome research, divulge privileged information and produce privileged documents. This defendant, United States Gypsum Company, responds to these Requests on behalf of itself. U.S. Gypsum further objects to these Requests to the extent they seek information or documents protected by the attorney-client privilege and the work product rule and to the extent they seek trial preparation or expert materials or documents. Finally, U.S. Gypsum objects to these Requests to the extent they ask for "identification" of voluminous documents on the ground that they are overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. As set forth infra, U.S. Gypsum will Bank One BuDding Peoria, minou 61602 Ax (309) 6765374 (309)6760400 -2- 3F9898DIA.05 CPL/cla produce documents which are the proper subjects of an appropriate document request. REQUEST NO. 1: All witness statements, of any sort, whether signed or unsigned, of any person having knowledge of the facts of this case, excluding only those privileged against disclosure at trial, in the possession or under the control of FIBREBOARD CORPORATION and/or an attorney representing it in this or any other asbestos disease litigation. RESPONSE: As to this particular case, none. REQUEST NO. 2: All data as to the physical or mental condition of Thomas Keilhack excluding all documents provided you by Plaintiff's counsel. RESPONSE: None other than that obtained through formal discovery. REQUEST NO. 3: All photographs, slides, motion pictures, models, maps, sketches, diagrams or drawings depicting the plant or machinery in question, any parts thereof, or of Thomas Keilhack. RESPONSE: None at this time. REQUEST NO. 4: All photographs, models, sketches or diagrams of any of the sites at which Thomas Keilhack worked. RESPONSE: None at this time. 3F9898DIA.05 CPL/cla ^jsonnel and employment records which evidence or reflect the duration, quantity and quality of his or her exposure to asbestos while employed by Defendant. RESPONSE: U.S. Gypsum objects to this request to the extent it seeks information which is neither relevant to the subject matter of the pending action nor reasonably calculated to lead to the discovery of admissible evidence. Additionally, U.S. Gypsum objects to the production of confidential medical records of employees or former employees whose consent for such production has not been obtained. Finally, U.S. Gypsum objects to this request to the extent it seeks information which is protected from discovery by virtue of the attorney-client privilege or the attorney work product ^^ptrine. Subject to the foregoing objection, U.S. Gypsum will make available to plaintiff for its inspection and review workmen's compensation face sheets alleging asbestos-related injuries, as noted on those face sheets. REQUEST NO. 11: Each written warning, caution or other document which was intended by Defendant to reach those persons who would breathe or ingest the asbestos from asbestos containing products manufactured and/or sold by Defendant. RESPONSE: Objection. This request improperly assumes facts which are not in evidence and which are issues in controversy in this lawsuit. Specifically, this defendant * ects to the assumption made that products manufactured by -6- thed ed, de gh da, TRONG ,Lff > te. the ;e 3F9898DIA.05 CPL/cla immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving this objection, non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. REQUEST NO. 14: Each policy of insurance which may be construed to provide coverage for the claim stated in the Complaint. RESPONSE: Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. heylroyster VOELKER &ALLEN REQUEST NO. 15: All documents reflecting payments or agreements for payments made under any of the policies described in the preceding paragraph which the carrier claims or could claim as a full or partial exhaustion of the policy limits or otherwise affect the amount of coverage available in this case. RESPONSE: Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. %Suite 600 Bank One Building Peoria, IUinoit 61602 Fax (309) 676-5374 (309) 6760400 -8- 3F9898DIA.05 CPL/cla REQUEST NO. 16: Each document authored by an employee of Defendant in the course of his employment, dealing in whole or in part with the consequences of exposure to asbestos. RESPONSE: Objection. This request is vague and ambiguous, overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving this objection, non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, * Chicago, IL. REQUEST NO. 17: All medical records of those present or former employees of Defendant who have filed claims for worker's compensation or occupational disease benefits alleging an injury or disease from exposure to asbestos and all personnel and employment records which evidence or reflect the duration, quantity and quality of his or her exposure to asbestos while employed by Defendant. RESPONSE: Objection. This request is irrelevant and unduly burdensome in that it has already been asked and answered as Request No. 10. See this defendant's response to Request No. 10. VOELKER &ALLEN REQUEST NO. 18: Each written warning, caution or other document which was intended by Defendant to reach those persons Suite 600 Bank One Building Heoria, Illinois 61602 bx (909) 6763974 (906)6760400 -9- 3F9898DIA.05 CPL/cla who would breath or ingest the asbestos from asbestos containing products manufactured and/or sold by Defendant. RESPONSE; Objection. This request is irrelevant and unduly burdensome in that is has already been asked and answered as Request No. 11. See this defendant's response to Request No. 11. REQUEST NO. 19; A transcript (including exhibits) of each instance where an employee of Defendant testified at deposition or trial in asbestos disease litigation. RESPONSE: Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. REQUEST NO. 20: A transcript (including exhibits) of each instance where an individual whom Defendant listed, retained or called as an expert witness, testified at deposition or trial in asbestos disease litigation. RESPONSE: Objection: overly broad, unreasonably burdensome and not calculated to lead to the discovery of admissible evidence. HEYLROYSTER VOELKER &ALLEN REQUEST NO. 21: All agreements to which Defendant is a party and which relate to the manner in which this case shall be evaluated, delayed or defended, including, but not limited One Building 61602 4 -10- 3F9898DIA.05 CPL/cla to, all Wellington agreements and all documents exchanged by the parties thereto. RESPONSE: Objection: overly broad, unreasonably burdensome and not calculated to lead to the discovery of admissible evidence. REQUEST NO. 22: Defendant's last three annual reports. RESPONSE: Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. gypsum Company's offices at 125 South Franklin Street, Chicago, IL. REQUEST NO. 23: All documents, objects, and tangible things, as defined in Supreme Court Rule 214, which are or were in the possession of any consulting expert as defined in Supreme Court Rule 220 which do not contain the consulting > expert's opinion. RESPONSE: Objection. This request asks for documents which are protected from disclosure. Notwithstanding our objection, none at this time, investigation continues. heylroyster VOELKER &ALLEN REQUEST NO. 24: All documents reflecting or evidencing the sale and/or shipment of asbestos-containing products to any job site listed on Exhibit A, including, but not limited to, purchase orders, invoices, accounts receivable cards, and bills of lading. One Building 61602 74 - -11-t. 3F9898DIA.05 CPL/cla RESPONSE: U.S. Gypsum does not possess any records maintained in the normal course of business which identify who the ultimate user of the product was or where it was installed. With that limitation, U.S. Gypsum responds as follows: Prior to 1966, U.S. Gypsum sold its construction products, some of which may have contained small amounts of asbestos, exclusively through independent dealers. Beginning in about 1966, U.S. Gypsum sold its construction products either directly to independent contractors, independent distributors or, as had previously been the custom, through independent dealers. This defendant has no sales records for the years prior to 1965, other than records of gross sales of individual products by plant. Sales records thereafter are contained in computer printouts. Records of products which the plaintiff can establish were relevant to the subject matter of this lawsuit will be made available for inspection at a mutually convenient time at 125 South Franklin Street, Chicago, IL 60606. Other non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. HEYLROYSTER VOELKER &ALLEN REQUEST NO. 25: A list of the names, addresses and employers of each person involved or consulted in the preparation of your response to this Request. ; 600 Jlanlc One Building ilia. Illinois 61602 ) 676-3374 -12- 3F9898DIA.05 CPL/cla RESPONSE: M. L. Higley, Director, Financial Services, United States Gypsum Company, has reviewed these Responses for the purpose of satisfying the verification requirements. These Responses have been prepared based on the continual review of documents located in this defendant's files and information obtained from discussions with this defendant's employees over a period of many years. It is not possible to reconstruct each step taken to gather this information or to verify all documents which might possibly pertain to the inatters at issue that have been located or examined in connection with these Responses. Nor is it possible to specifically identify by name each person who has participated in the preparation of these Responses or to identify each document which may have provided information used in preparing these Responses. REQUEST NO. 26: An affidavit stating whether production is complete according to the knowledge of Defendant and Defendant's insurance carriers, attorneys, agents and employees. RESPONSE: See this defendant's response to Request No. 25. HEYLROYSTER VOELKEr" &ALLEN -13- STATE OF ILLINOIS ) ) COUNTY OF COOK ) SS VERIFICATION I, M. L. Higley, declare: I am the Director, Financial Services of United States Gypsum Company, one of the above named defendants, and am authorized to make this verification for and on behalf of said company; I have read the foregoing Answers, Objections, and other Responses to Plaintiff's Interrogatories and am informed and believe that the same is true and on that ground allege that the matters therein stated are true. I declare, under penalty of perjury, that the foregoing is true and correct, and that this declaration was executed on 1$ in Chicago, Illinois. jk.L.14, M. Li.. 3^-gieyy Subscribed and sworn to befdre me this JZL- day of 993. vriff/ utrlCIAL SEAL , SALLY A jBEDNARCIK :wnnn !!? NSTEAXTPEIR0EFS,:L0L6,HN0o/,9s8L> 3F9898DIA.05 CPL/cla PROOF OF SERVICE The undersigned certifies that a copy of the foregoing instrument was served upon the attorneys of record of all parties to the above cause by enclosing the same in an envelope addressed to such attorneys at their business address as disclosed by the pleadings of record herein, with postage fully prepaid, and by depositing said envelope in a U.S. Post Office Box in Peoria, Illinois, on the day of k1995. (See attached list) Christopher P. Larson HEYLROYSTER VOELKER &J?rAA LT LT EnwN Bank One Building Hernia, Diinoii 61602 Fkx (909) 676-9974 (309)6760400 3 F 9898 NANCY KEILHACK, Individually and as Special Administrator of the Estate of THOMAS KEILHACK, Deceased IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT COUNTY OF McLEAN Law No.: 92 L 195 ATTORNEYS FOR PLAINTIFFS James Walker, Ltd. 207 W. Jefferson St. P.O. Box 3455 Bloomington, IL 61702-3455 ATTORNEYS FOR OWENS-CORNING FIBERGLAS CORPORATION John Dames Kelley, Drye & Warren 303 W. Madison - 14th Floor Chicago, IL 60606 ATTORNEYS FOR ABEX CORPORATION Robert W. Scott Swain, Hartshorn & Scott 1806 Savings Center Tower 411 Hamilton Blvd. Peoria, IL 61602 ATTORNEYS FOR METROPOLITAN LIFE INSURANCE COMPANY Margaret E. Gleason Skadden, Arps, Slate, Meagher & Flom 333 W. Wacker Suite 2100 Chicago, IL 60606 ATTORNEYS FOR OWENS-ILLINOIS, INC. Robert Riley Schiff, Hardin & Waite 7200 Sears Tower Chicago, IL 60606 3 F 9898 NANCY KEILHACK, Individually and as Special Administrator of the Estate of THOMAS KEILHACK, Deceased ATTORNEYS FOR PITTSBURGH CORNING CORPORATION Dennis Dobbels Jeff Matthews Polsinelli, White, Vardeman & Plaza Steppes Bldg. 700 W. 47th St. - Suite 1000 Kansas City, MO 64112-1802 Shalton ATTORNEYS FOR FIBREBOARD CORPORATION Michael Connelly Connelly & Schroeder One N. Franklin Suite 1200 Chicago, IL 60606 ' ATTORNEYS FOR COMBUSTION ENGINEERING, INC. (DISMISSED) ATTORNEYS FOR ARMSTRONG WORLD INDUSTRIES, INC., NATIONAL GYPSUM COMPANY, GAF CORPORATION, and UNITED STATES GYPSUM COMPANY Christopher P. Larson Heyl, Royster, Voelker & Allen 600 Bank One Building 124 S.W. Adams St. Peoria, IL 61602 ATTORNEYS FOR W. R. GRACE & CO. Bret S. Babcock Attorney at Law 411 Commerce Bank Bldg. Peoria, IL 61602 ATTORNEYS FOR THE FLINTKOTE COMPANY Jack Block Sachnoff & Weaver, Ltd. 30 S. Wacker Dr. Suite 2900 Chicago, IL 60606-7484 ATTORNEYS FOR BRAND INSULATIONS, INC. Thomas Platt Kumik, Cipolla, Stephenson and Barasha, 120 W. Eastman Suite 302 Arlington Heights, IL 60004 Ltd. 2 3 F 9898 NANCY KEILHACK, Individually and as Special Administrator of the Estate of THOMAS KEILHACK, Deceased Don C. Hammer Hayes, Schneider, Hammer, Miles & Cox 202 N. Center St. P.O. Box 3067 Bloomington, IL 61702 ATTORNEYS FOR SPRINKMANN SONS CORP. OF ILLINOIS James L. Hafele & Associates 1400 Commerce Bank Bldg. Peoria, IL 61602 ATTORNEYS FOR JOHN CRANE, INC. Law Office of William Koziol 1 Kemper Drive Long Grove, IL 60049 ' ATTORNEYS FOR BABCOCK & WILCOX Amstein, & Lehr 120 S. Riverside Plaza Chicago, IL 60606-3913 Suite 1200 ATTORNEYS FOR ANCHOR PACKING COMPANY and GARL0CK, INC. William J. Mahoney Segal, McCambridge, Singer & Mahoney 20 S. Clark - Suite 700 Chicago, IL 60603 ATTORNEYS FOR KEENE CORPORATION (BANKRUPT) 3 8H3571DIA.02 CPL/mlc STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT COUNTY OF MC LEAN ELEANOR PRICE, Individually and as Special Administrator of the Estate of Floyd Price, deceased, ) ) Plaintiff, vs. UNARCO INDUSTRIES, INC., et al. , Defendants. ) IN RE: ASBESTOS LITIGATIO LAW NO. 95 L 50 heylroyster VOELKER &ALLEN ANSWERS TO INTERROGATORIES NOW COMES the defendant, UNITED STATES GYPSUM COMPANY, by HEYL, ROYSTER, VOELKER & ALLEN, its attorneys, and for answer to the Interrogatories previously propounded to defendant, UNITED STATES GYPSUM COMPANY, by the plaintiff, ELEANOR PRICE, states as follows: PREFATORY STATEMENT United States Gypsum Company (hereinafter "U.S. Gypsum") has, to the best of its abilities, gathered non-privileged documents into a document repository for inspection by plaintiffs' counsel in response to requests for production served in asbestos litigation. These documents provide information that supplements and expands upon that provided in these answers to Interrogatories. Accordingly, by way of further response to these Interrogatories, U.S. Gypsum hereby offers to make available these documents at a mutually convenient time at its offices at 125 S. Franklin Street, Chicago, Illinois. Suite <500 Bank One Building Peoria, Illinois 61602 Fax (309) 676-3374 (309) 676-0400 may oi flse/iKL 8H3571DIA.02 CPL/mlc In giving responses to Interrogatories as to asbestos-containing products, U.S. Gypsum refers to products containing commercial asbestos as part of their formulation and to the type of commercial asbestos used as part of the formulation. OBJECTIONS U.S. Gypsum objects to the manner in which plaintiff purports to include in its definition of U.S. Gypsum predecessors-in-interest, subsidiaries, and successors-in-interest of the corporate defendant. In that U.S. Gypsum Company is the named defendant, this definition is overly broad and would require U.S. Gypsum to engage in unduly burdensome research, divulge privileged information and produce privileged documents. This defendant, United States Gypsum Company, responds to these Interrogatories on behalf of itself. U.S. Gypsum further objects to these Interrogatories to the extent they seek information or documents protected by the attorney-client privilege and the work product rule and to the extent they seek trial preparation or expert materials or documents. Finally, U.S. Gypsum objects to these Interrogatories to the extent they ask for "identification" of voluminous documents on the ground that they are overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. As set forth infra, U.S. -2- 8H3571DIA.02 CPL/mlc Gypsum will produce documents which are the proper subjects of an appropriate document request. heylroyster VOELKER &ALLEN INTERROGATORY NO. 1: State the exact name, date and state of incorporation of the corporation providing the answers to these interrogatories and the name of the agent or officer who has taken the "reasonable steps to search the 'corporate memory' of the corporation (1) investigating the contents of the corporation's records, and (2) trying to ascertain the knowledge of other corporate agents" as required in Campen v. Executive House Hotel, Inc., 105 111. app. 3d 576, 587 (1st Dist. 1982). ANSWER: The exact name of this defendant is United States Gypsum Company. The state of incorporation for this defendant is Delaware. M.L. Higley, Director, Financial Services, United States Gypsum Company, has reviewed these Responses for the purpose of satisfying the verification requirements. These Responses have been prepared based on the continual review of documents located in this defendant's files and information obtained form discussions with this defendant's employees over a period of many years. It is not possible to reconstruct each step taken to gather this information or to verify all documents which might possibly pertain to the matters at issue that have been located or examined in connection with these Response. Nor is it possible to specifically identify by name each person who has participated in the preparation of these Responses or to Suite 600 Bank One Building Peoria, Illinois 61602 Fax (im) 676 :1374 (300) 6764)400 -3- 8H3571DIA.02 CPL/mlc identify each document which may have provided information used in preparing these Responses. INTERROGATORY NO. 2: State the name, address, phone number and subject of testimony of those persons which you will call as witnesses at trial. ANSWER: Unknown at this time. Discovery continues. INTERROGATORY NO. 3: State the following regarding each person from whom you may offer opinion testimony: (a) name, address and employer; (b) whether the person has been retained to provide testimony; (c) the subject on which the witness is expected to testify; (d) the witness' conclusions and opinions and the bases therefore; (e) the qualifications of the witness; (f) provide all reports of the witness. ANSWER: Unknown at this time. Discovery continues. heylroyster VOELKER &ALLEN INTERROGATORY NO. 4: State the following regarding each statement (whether oral or written, signed or unsigned) concerning the occurrence described in the complaint: the name and last known address of the person making the statement; Suite 600 Bank One Building Peoria, Illinois 61602 Fax (309) 676*3:574 (309) 676*0400 _4_ 8H3571DIA.02 CPL/mlc when, where and by whom the statement was taken; whether there is any tangible preservation of the statement, and if so, the name and address of the person having possession of the same. ANSWER: None. INTERROGATORY NO. 5: If any private firm or company adjuster has been directed to investigate the occurrence or ask questions of persons who may have knowledge of facts concerning the occurrence, state the full name and address of each such firm or adjuster. ANSWER: None. INTERROGATORY NO. 6: If you have any information regarding Floyd Price's physical condition other than that information furnished you by Plaintiff's counsel, state the nature of the information, the name and address of its source, and if documentary in nature, its present location. ANSWER: Not applicable. heylroyster VOELKER &ALLEN INTERROGATORY NO. 7: If you were named or covered under any policy of insurance which provides coverage for any claim stated in the complaint, state as to each such policy: the name of the company; the policy number; the effective period; the maximum liability limits; what amounts, if any, have previously been paid under the policy which in the opinion of the carrier reduces the coverage available; whether the carrier denied coverage or tendered a defense under a Suite 600 Bank One Building Peoria, Illinois 61602 Fax CJ09) 676-3:171 (300) 676-0400 -5- 8H3571DIA.02 CPL/mlc reservation of rights; whether the policy contains any first party medical pay or disability coverage, and, if so, describe the coverage; and which, if any, of the carriers listed in your answer is providing a defense to this suit. ANSWER: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. INTERROGATORY NO. 8: State the name and address of each person who has employed the lawyer(s) representing you in this case. Illinois Supreme Court Rule of Professional Conduct 3.3(a)(8). ANSWER: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and privileged. Without waiving this objection, this defendant is represented by Heyl, Royster, Voelker & Allen in this matter and consents to said representation. heylroyster VOELKER &ALLEN INTERROGATORY NO. 9: State the following about each current employee of Defendant who has a medical degree: name, business address, job title, and whether the person completed a residency in either public health or occupational medicine. ANSWER: See this defendant's response to Interrogatory No. 11. With respect to whether or not these individuals completed as residency in public health or occupational medicine, non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a Suite 600 Bank One Building Peoria. Illinois 61602 Kax (309) 676-337*4 (309) 6760400 -6- 8H3571DIA.02 CPL/mlc mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. INTERROGATORY NO. 10: State the following about each current employee of Defendant who is an industrial hygienist: name, business address and job title. ANSWER: This defendant employed F. Tremmel as an industrial hygienist from August 4, 1986, to June 21, 1988. He was succeeded in that position by R. P. Musselman, Corporate Toxicologist. Prior to August 4, 1986, this defendant did not employ a certified industrial hygienist. This defendant employed J. Lawton as an industrial hygienist from 8/17/87 to 12/90 and H. C. Brown as an industrial hygienist from 9/28/87 to 11/90. ieyl Royster VOELKER &ALLEN INTERROGATORY NO. 11: Has Defendant ever had one or more persons whose primary responsibility included looking after or monitoring the health of Defendant's employees, such as medical director? If so, state the following as to each person who has held this position: (a) the name and address of the person; (b) the name of the position he or she held; (c) The dates during which he or she held the position; (d) the address of his or her office during the time he or she held the position; (e) state whether there was a written job description for that position at that time; Suite 600 Bank One Building Peoria. Illinois 61602 Hix (309) 676-3374 Cm) 676-0400 -7- 8H3571DIA.02 CPL/mlc (f) if there was a written job description, set forth the words of the description or attach a copy hereto. ANSWER: (a-d) Objection. This defendant objects to the phrase "looking after or monitoring the health of defendant's employees" as being vague and ambiguous. In addition, there has been no allegation that plaintiff was ever an employee of this defendant. Therefore this Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving these objections, U.S. Gypsum's Chief Medical Officers: C. A. Hedblom, M.D., 101 South Wacker Drive, Chicago, Illinois, 1974 to 8-31-89 (retired). W. Highstone, M.D. - 1939 to 1974 (deceased). In addition, U.S. Gypsum retained or consulted "outside doctors" who provided services to its employees. See attached Exhibit No. 1. (e-f) The Medical Director operated a medical facility in Company general offices; conducted and managed a medical program; and furnished counsel as required to assure the health and well being of Company employees. Medical Director reported to the Vice President of Personnel. IeylRoyster VOELKER &ALLEN INTERROGATORY NO. 12: Has Defendant ever directed or contributed money toward a study of the effects of asbestos Suite 600 Bunk One Building Peoria. Illinois 61602 Fax (309) 676-337-1 (309) 676-0400 -8- 8H3571DIA.02 CPL/mlc upon the health of animals or man? If so, state the following as to each such study: (a) the description or title of the study; (b) the dates during which it was made; (c) brief description of the study; (d) whether any of the results were reported into written form, and if so, who now has a copy of the report. ANSWER: U.S. Gypsum is aware of tests which were performed to measure the release of asbestos fibers during the mixing and sanding of joint compounds. U.S. Gypsum Company contributed to a study conducted beginning approximately 1936 by Dr. Gardner of the Saranac Laboratory. Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. INTERROGATORY NO. 13: Have there been any studies of the effect of asbestos upon the health of any of Defendant's employees? If so, state: HEYLROYSTER VOELKER &ALLEN Suite (>00 Hank One Building Peoria, Illinois 61602 Fax (309) 676-3:174 (309) 676-0400 (a) the description or title of the study; (b) the dates during which it was made; (c) the location or locations of the plants at which the employees were employed; -9- 8H3571DIA.02 CPL/mlc (d) the number of employees studied; (e) brief description of the study; (f) whether any of the results were reported into written form, and if so, who now has a copy of the report. ANSWER: Objection. There has been no allegation that plaintiff was ever an employee of this defendant. Therefore, this Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. INTERROGATORY NO. 14: Have there been any instances where asbestos was a cause of mesothelioma in man? ANSWER: Objection. This defendant objects to this Interrogatory on the basis that it constitutes an improper form of discovery in that plaintiff in effect is submitted a disguised request for admission. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to offer. This Interrogatory improperly seeks to obtain facts and opinions held by medical experts. Without waiving these objections, see attached Exhibit No. 2. HeylRoyster VOELKER &ALLEN INTERROGATORY NO. 15: How much asbestos is necessary to cause mesothelioma in man? Suite f>00 Bank One Building Peoria, Illinois 61002 Fax (309) 076-3374 (309) 676-0400 -10- 8H3571DIA.02 CPL/mlc ANSWER: Objection. This defendant objects to this Interrogatory on the basis that it constitutes an improper form of discovery in that plaintiff in effect is submitting a disguised request for admission. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to offer. This Interrogatory improperly seeks to obtain facts and opinions held by medical experts. Without waiving these objections, see attached Exhibit No. 2. INTERROGATORY NO. 16: What is the maximum about of asbestos to which an individual can be exposed without increasing the risk that the individual will contract mesothelioma? ANSWER: Objection. This defendant objects to this Interrogatory on the basis that it constitutes an improper form of discovery in that plaintiff in effect is submitting a disguised request for admission. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to offer. This Interrogatory improperly seeks to obtain facts and opinions held by medical experts. Without waiving these objections, see attached Exhibit No. 2. VOELKER &ALLEN Since 600 Rank One Building Peoria. Illinois 61602 Fax (300) 676-3374 (309) 676-0400 INTERROGATORY NO. 17: Has Defendant issued a warning about the relationship between asbestos and mesothelioma? If so, state as to each such warning: (a) the language of the warning; (b) date first issued or distributed; -ll- 8H3571DIA.02 CPL/mlc date last issued or distributed; (d) the method of communication or distribution used; (e) the name, position at that time, and current address, position and employer of each person ordering or recommending the warning. ANSWER: Specifically with respect to mesothelioma, not to this defendant's best current knowledge, information and belief. With respect to other warnings issued by this defendant on its asbestos-containing products, see attached Exhibit No. 3. INTERROGATORY NO. 18: If your answer to the preceding interrogatory was affirmative, list the name and address of each employee of Defendant who was responsible to investigate whether the warning was reaching the persons who were breathing or ingesting sufficient amounts of asbestos to be at risk of contracting mesothelioma. ANSWER: See this defendant's response to Interrogatory No. 17. heylroyster VOELKER &ALLEN INTERROGATORY NO. 19: If your answer to the second preceding interrogatory was affirmative, list the name and address of each employee of Defendant who was responsible to investigate whether the warning provided the person at risk of contracting mesothelioma with a same appreciation of the Suite (500 Bank One Building Peoria, Illinois (511502 Fax flWJ) 67<) J:i7 * (309) (57(5-(MOO -12- 8H3571DIA.02 CPL/mlc severity of the disease and the probability of contracting the same. ANSWER: See this defendant's response to Interrogatory No. 17. INTERROGATORY NO. 20: If your response to any interrogatory is an objection that it was burdensome, state the name, address and position of the person most knowledgeable about the effort that would be required to answer the interrogatory and the estimate of that person regarding the man-hours that would be required to answer the interrogatory. ANSWER: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. HEYL ROYSTER VOELKER &ALLEN Suite 600 Bank One Building Peoria, Illinois 6J602 Fax (309) 676-3374 (309) 676-0400 -13- STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) VERIFICATION I, M. L. Higley, declare: I am the Director, Financial Services, of United States Gypsum Company, one of the above named defendants, and am authorized to make this verification for and on behalf of said company; I have read the foregoing Answers, Objections, and other Responses to Plaintiffs' Interrogatories and am informed and believe that the same is true and on that ground allege that the matters therein stated are true. I declare, under penalty ofperjury, that the foregoing is true and correct, and that this declaration was executed on Pvi L ^J2. / in Chicago, Illinois. Subscribed and sworn to before me this day of ,1996. Notary Public 8H3571DIA.02 CPL/mlc PROOF OF SERVICE The undersigned certifies that a copy of the foregoing instrument was served upon the attorneys of record of all parties to the above cause by enclosing the same in an envelope addressed to such attorneys at their business address as disclosed by the pleadings of record herein, with postage fully prepaid, and by depositing said envelope in a U.S. Post Office Box in Peoria, Illinois, on the day of r) (, 1996. See attached services list. HEYLROYSTER VOELKER &ALLEN Suite 600 Hank One Building Peoria, Hiinois 61(302 4-ax (!>< 676 :337-4 {.`303)) 676-0400 -14- EXHIBIT 1 February 1, 1989 Plant Clinics and Medical Personnel Retained/Consulted _ 1930-1976 Oakfield. New York R. C. Warn, M.O. J. Diasio, M.O. ' ChambleeL ^Georgia H. M. Schreeder, M.D. W. C. McGrav, M.O. Greenville, Mississippi J. B. Hirsch, Sr., M.D. O. Beck, M.O. J. B. Hirsch, Jr., M.D. ' Corsiciana. Texas A. L. Grizzafi, M.D. Dallas. Texas Launey Medical & Surgical Clinic D. G. Launey, M.D. . S. L. Gilbert, M.D. F. C. Atkinson, M.D. R. F. Duchouquette, M.D. W. D. Stevenson, M.D. D. H. Waddell, M.D. R. R. Henry, M.D. Z. L. Dameron, M.D. W. D. Lee, M.D. A. H. Teddle, M.D. Trinity Medical Clinic Jacksonville. Florida J. H. Mitchell, M.D. J. L. Mitchell, M.D. Plasterco. Virginia J. A. Soyars, M.D. P. W. Cowherd, M.D. ' Page 1 of 8 Sweetwater. Texas C. A. Rosebrough, M.D. A. H. Fortner, M.D. S. A. Loeb, M.D. J. K. Richardson, M.D. T. D. Young, M.D. F. Hood, M.D. - R. L. Price, M.D. Detroit. Michigan R. L. St. Louis, M.D. K. Hergt, M.D. East Chicago. Indiana R. J. Liehr, M.D. F. F. Boys, M.D. F. A. Benchik, M.D. G. A. Thegze, M.D. J. Demkowicz, R.N. Fort Dodce. Iowa - Fort Dodge Medical Center T. J. Michelfelder, M.D C. L. Dagle, M.D. M. E. Kraushaar, M.D. J. J. Landhuis, M.D. G. L. LeValley, M.D. J. W. Rathke, M.D. R. H. Brandt, M.D. J. R. Kersten, M.D. W. C. Robb, M.D. H. H. Kersten, M.D. R. E. Woodard, M.D. Gvosum. C. A. P. K. K. M. Ohio J. Yeisley, M.D. J. Miessner, M.D. Hughes, M.D. Ritter, M.D. Akins, M.D. Jennings, R.N. ' Shoals. E. R. Indiana B. Lett, M.D. E. Chattin, M.D. Page 2 of 8 Empire, Nevada Sparks Medical Clinic J. M. Watson, M.D. M. Raymond, M.D. J. C. Kelly, M.D. F. C. Stokes, M.D. . ' . - Torrance. California P. Casey, M.D. J. Anable, M.D. Dr. Cook South Gate. California H. Caesar, M.D. Family Medical Clinic (Various physicians. Firestone Medical Group (Various physicians. . Names unavailabl Names unavailabl Tacoma. Washington B. Archer, M.D. Walworth. Wisconsin ' D. R. Hansen, M.D. I. J. Bruhn, M.D. J. A. Carroll, M.D. A. C. Sapida, M.D. Walworth Family Medical Center * Boston. Massachusetts V. Rubin, M.D. E. Staffier, M.D. A. C. Leavitt, M.D. Sullivan Square American Mutual Insurance Clinic Massachusetts General Hospital Clark. New Jersey C. T. Decker, M.D. F. B. Nelson, M.D. C. F. Dent, M.D. E. E. Goe, M.D. S. Wexler, M.D. . Oakmont. Pennsylvania C. E. Piper, M.D. F. W. Nicklas, M.D. H. Hagan, M.D. Citizens General Hospital * Page 3 of 8 Franklin Park. Illinois Northwest Medical Clinic LTD. L. Devira, M.D. Franklin Park Medical Center V. Oelrich, R.N. Rosemont, Illinois O'Hare Industrial Clinic Fahey Medical Center Rush Presbyterian - St. Lukes Health Center Occupationa . ' ' Galena Park. Texas J. Nichols, M.D. Deaton Clinic ... Sigurd,~ Utah T. D. Bard, M.D. R. E. Noyes, M.D. R. N. Malouf, M.D. J. G. McGuarrie, M.D. G. A. Buchanan, M.D. .... Cluff, M.D. -` ' Genoa. Ohio E. D. Schuiteman . Norfolk. Virginia E. R. Altizer, M.D. __ . W._ ,H. .Whitmore, M.D. G. A. Duncan, M.D. F. Walter, M.D. A. A. Burke, M.D. R. L. Payne, M.D. J. L. Rosenthal, M.D. P. B. Parsons, M.D. J. Sakakini, M.D. K. Jones, M.D.. V. H. Ober, M.D. . Dr. Albanese J. Foster, M.D. G. G. Hollins, M.D. Dr. Labstein J. M. Ratliff, M.D. .............J..A. Vann, M.D. C. B. Trower, M.D. R. W. Adams, M.D. R. R. Powell, M.D. C. Pole, M.D. G. A. Duncan, M.D. * Page 4 of 8 Norfolk, Virginia (continued) D. C. Pryor, M.D. ' E. A. Buchan, M.D. Dr. Kuehn Santa Fe Springs, California J. W. Raber, M.D. Raber Industrial Medical Group Morrow. Georgia N. Bateman, M.D. . Stonv Point. New York Dr. Borsinger Dr. Natelson Dr. Zuka Nyack Hospital Sperrv. Iowa ` H. M. Patterson, D.O. ' J. F. Roules, M.D. ' Burlington Medical Center Wabash. Indiana F. Whistler, M.D. R. M. LaSalle, Jr., M.D. R. M. LaSalle, Sr., M.D. R. M. LaSalle, M.D. W. D. Boaz, M.D. P. Ferguson, M.D. F. Smyrniotis, M.D. J. E. Haughn, M.D. LaSalle Clinic Baltimore, Maryland C. C. Chiu, M.D. F. G. Mainolfi, M.D. ' Fort Medical Center North Kansas City, Missouri Industrial Clinic North Fairfax Industrial Medical Clinic New Orleans. Louisiana B. Pardue, M.D. J. Dean, M.D. Downman Road Clinic Page 5 of 8 Southard. Oklahoma _ R. Richardson, M.D. R. Kirby, M.D. T. Perry, M.D. R. Tavlin, M.D. ,, K. Godfrey, M.D. R. McLauchlin, M.D. M. Carter, M.D. C. H. Williams, M.D. B. D. Dotter, M.D. ; F. Crowe, M.D. D. Lagan, M.D. .............G. Worcester, M.D. ' Warren. Ohio .. R. Willoughby, M.D. Birmingham. Alabama _ Thuss Clinic ' W. G. Thuss, M.D. . R. J. Smith, M.D. Union City, Tennessee J. H. Ragsdale, M.D. R. E. Clendenin, M.D. R. G. Latimer, M.D. J. K. Avery, M.D. L. W. Jones, M.D. H. Butler, M.D. J. Cambell, M.D. Doctor's Clinic of Union City Alabaster. Michigan J. J. Austin, M.D. H. Brijikman, M.D. ' M. E. Field, M.D. J. R. Gehman, M.D. J. W. Grigg, M.D. M. Guerany, M.D. _ H. R. Hess, 0.D. J. E. Jaques, M.D. L. Kelley, M.D. V. W. Kershul, M.D. L. A._Lambert, M.D. L. A. Laporte, M.D. 0. W. Mitton, M.D. R. Morin, M.D. N. Payea, M.D. R. J. Ruda, M.D. G. L. Schaiberger, M.D. Page 6 of 8 Alabaster. Michigan ^continued) *J. M. Schuele, M.D. R. L. Sutton, M.D. Z. E. Taheri, M.D. W. Williams, M.D. Kearny. New Jersey Plant closed J. Borino, M.D. J. Grund Fest, M.D. Boonton. New Jersey Acquired 1985 Camden. New Jersey Plant closed A. Marks, M.D. ' Occupation Health Services Trenton. Hew Jersey Plant closed P. Albert, M.D. Helene Fuld Medical Center Paulsboro. Mew Jersey Acquired 11/30/87 Mew Brighton. New York Plant closed H. Crane, M.D. F. Tellefsen, M.D. E. Morris, M.D. Saint Vincent's Hospital Staten Island Hospital Port Reading. Mew Jersey Acquired 6/76 Fremont. California Acquired 1983 Philadelphia. Pennsylvania Plant sold Conyers. Georgia ' Acquired 12/10/80 Mansfield. Texas Acquired 8/81 Page 7 of 8 Spruce Pine _ Acquired 5/12/79 LaMirada, California Acquired 6/81 U.S. Gypsum'has no information on medical personnel the plants at Jersey City, NJ; St. Paul, MN; Midway, IL; Soutt Plainfield, NJ; Midland, CA; Heath, MT; Loveland, CO; Milwauke WI; Nephi, UT; and Philadelphia, PA, which are now closed. Ir addition, no record information is available for Plaster City, CA. U.S. Gypsum has no information for the plant at Red wing, for years prior to 1985. U.S. Gypsum owned Red Wing in the mi 1960s prior to selling the plant to Conwed Corporation, and US Acoustical Products,'Company (now USG Interiors, Inc.) reacqui the facility in late 1985. Page 8 of 8 EXHIBIT 2 United States Gypsum Company has been awace since the mid-1930's that inhalation of lacge quantities of asbestos fibers for long periods of time could produce a pneumoconiotic lung condition Known as asbestosis. United States Gypsum Company is presently unaware of specifically now it acquired this Knowledge. United States Gypsum Company is not aware of precisely when it first Knew of the relationship between the inhalation of asbestos fibers and the development of bronchogenic carcinoma, except that it does Know that one of its employees. E. C. Beuthin. United States Gypsum Company's first Safety Director, has stated in his deposition that he attended a conference in 1955, at which papers discussing this relationship were presented. Documents produced in other litigation pertaining to this issue have come to U. S. Gypsum's attention. These documents were produced by other parties; U. S. Gypsum has not found them in its own files and can maKe no representations concerning the origin or authenticity of those documents. The documents suggest that in approximately October 1948, U. S. Gypsum may have received a draft report concerning inhalation experiments on laboratory animals exposed to high levels of asbestos dust. It was reported that some of the animals developed lesions described variously as lung cancer and non-malignant adenomas. U. S. Gypsum believes that these are the same experimental results reported to the National Cancer Institute by Dr. L. U. Gardner in 1943 and Dr. Kenneth M. Lynch in 1947 and referred to by Dcs. Lynch. Mclver and Cain in their 1956 published article. "Pulmonary Tumors In Mice Exposed To Asbestos Dust." 15 A.M.A. Archives of Industrial Health 207 (March 1957). which was received for publication in 1956. United States Gypsum Company is now aware that the first published study which established a direct association between the inhalation of asbestos fibers and the development of mesothelioma was the 1960 epidemiological study entitled "Diffuse Pleural Mesothelioma and Asbestos Exposure in the North Western Cape Province" by J. C. Wagner, et al., which described mesothelioma occurrence among persons exposed to crocidolite. at or near crocidolite mines in South Africa. United States Gypsum Company is not aware of precisely when it first knew of the relationship between the inhalation of asbestos fibers and the development of mesothelioma, except that it believes that the first employee to become aware of this association was G. R. Krug, one of United States Gypsum Company's former Safety Directors. Mr. Krug has testified that he first became aware in the early to mid-1960's of the association between exposure to asbestos fibers and the development of mesothelioma in asbestos miners, as a result of reading acticles in newspapers and magazines. Page 2 of 2 EXHIBIT 3 RESPONSE U.S. Gypsum utilized warnings to applicators consistent with OSHA guidelines on its joint treatment products beginning in 1972, on texture products beginning in 1973, and on certain industrial plaster products in 1975. The language of the warning was as follows: "Caution: Contains Asbestos Fibers. Avoid Creating Dust. Breathing Asbestos Dust May Cause Serious Bodily Harm" In 1974, the above warning was modified by. adding the following on joint compound products: "Observe the following precautions: Wet sanding or sponging finished joints is recommended rather than dry sanding to avoid creating dust. If dry sanding, mixing, or otherwise working in a dusty atmosphere containing this material, ventilate, use dust collector, or wear eye protection and a respirator approved by the Bureau of Mines or NIOSH, to remove nuisance dust." Concerning SprayDon, a product sold and distributed by Sprayon Research Corporation, manufactured by Gypsum according to Sprayon#s specifications, the following appeared on SprayDon bags in approximately June, 1966. U.S. "Contains Asbestos" years. The following appeared on SprayDon in subsequent "Caution: This product contains asbestos." (1968) "Caution: This product contains asbestos which may be harmful to lungs if inhaled." (1969) Concerning Super-tite Wet Patch, an adhesive manufactured by W.W. Henry company and resold by U.S. Gypsum, following appeared on the label for this product after 1972: the Contents Asphalt Petroleum Spirits Asbestos Fiber U.S. Gypsum presently believes that during the period 1969 - 1973, asbestos was listed as a separate ingredient on packaging for its texture product, Imperial QT. Investigation continuing. 8 H 3571 ELEANOR PRICE, Individually and as Special Administrator of the Estate of FLOYD PRICE, Deceased IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT McLEAN COUNTY, ILLINOIS No. 95 L 50 ATTORNEYS FOR PLAINTIFF James Walker, Ltd. 207 W. Jefferson St. Bloomington, IL 61702-3455 ATTORNEYS FOR UNARCO INDUSTRIES, INC. (Dismissed) ATTORNEYS FOR OWENS-CORNING FIBERGLAS CORPORATION John Dames Kelley, Drye & Warren 303 W. Madison 14th Floor Chicago, IL 60606 ATTORNEYS FOR ILLINOIS CENTRAL RAILROAD COMPANY Fred B. Moore Livingston, Barger, Brandt & Schroeder 115 W. Jefferson St. Suite 400 P.O. Box 3457 Bloomington, IL 61702-3457 Thomas Peters Gundlach, Lee, Eggmann, 5000 W. Main St. P.O. Box 23560 Belleville, IL 62223 Boyle and Roessler ATTORNEYS FOR ABEX CORPORATION Robert W. Scott Swain, Hartshorn & Scott 1806 First Financial Plaza 411 Hamilton Blvd. Peoria, IL 61602 8 H 3571 ATTORNEYS FOR METROPOLITAN LIFE INSURANCE COMPANY Mark E. Rakoczy Skadden, Arps, Slate, Meagher & Flom 333 W. Wacker Suite 2100 Chicago, IL 60606 ATTORNEYS FOR GREFCO, INC. William V. Johnson Johnson & Bell 222 N. LaSalle Suite 2200 Chicago, IL 60601 ATTORNEYS FOR CHARTER CONSOLIDATED PLC James G. Bonebrake Wildman, Harrold, Allen & Dixon 225 W. Wacker Dr. Chicago, IL 60606-1229 Shearman & Sterling 153 E. 53rd St. New York, NY 10022 ATTORNEYS FOR CAPE INDUSTRIES PLC ATTORNEYS FOR PITTSBURGH CORNING CORPORATION Polsinelli, White, Vardeman & Plaza Steppes Building 700 W. 47th St. Suite 1000 Kansas City, MO 64112-1802 Shalton ATTORNEYS FOR ARMSTRONG WORLD INDUSTRIES, INC., and UNITED STATES GYPSUM COMPANY Christopher P. Larson Heyl, keyater, Voelker & Allen 600 Bank One Bldg. 124 S.W. Adams Peoria, IL 61602 ATTORNEYS FOR SPRINKMANN SONS CORPORATION OF ILLINOIS Schmidt & Molchin, P.C. 1518 First Financial Plaza 411 Hamilton Blvd. Peoria, IL 61602 2- - 8 H 3571 ATTORNEYS FOR A&M INSULATION CO. Edward J. Matushek, Haskell & Perrin 200 W. Adams St. Suite 2600 Chicago, IL 60606 III Gregory C. Knapp Attorney at Law 1952 S. Main St. P.0. Box 205 Eureka, IL 61530 -3- ^ .. 6F8379DIA.02 CPL/cad > IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION STELLE LEWANDOWSKI, Individually and as Special Administrator of the Estate of BENJAMIN LEWANDOWSKI, Deceased, Plaintiff, vs. OWENS-CORNING CORPORATION, et al. , Defendants. ) ) ) ) ) ) ) ) ) ) ) ) INRE: ASBESTOS LITIGATION LAW NO. 92 L 3472 HeylRoyster VOELKER &ALLEN UNITED STATES GYPSUM COMPANY'S RESPONSES TO PLAINTIFF'S FIRST SET OF INTERROGATORIES PREFATORY STATEMENT United States Gypsum Company (hereinafter "U.S. Gypsum") has, to the best of its abilities, gathered non-privileged documents into a document repository for inspection by plaintiffs' counsel in response to requests for production served in asbestos litigation. These documents provide information that supplements and expands upon that provided in these answers to Interrogatories. Accordingly, by way of further response to these Interrogatories, U.S. Gypsum hereby offers to make available these documents at a mutually convenient time at its offices at 125 S. Franklin Street, Chicago, Illinois. In giving its responses to Interrogatories as to asbestoscontaining products, U.S. Gypsum refers to products containing commercial asbestos as part of their formulation and to the type of commercial asbestos used as part of the formulation. Suite 600 Bank One Building Peoria, Illinois 61602 Fax (309) 676-3374 (309) 676-0400 MAY 0 S 1996^4 1 6F8379DIA.02 CPL/cad OBJECTIONS U.S. Gypsum objects to the manner in which plaintiff has defined U.S. Gypsum to the extent that plaintiff purports to include in its definition of U.S. Gypsum predecessors-in-interest, subsidiaries, and successors-in-interest of the corporate defendant. In that U.S. Gypsum Company is the named defendant, this definition is overly broad and would require U.S. Gypsum to engage in unduly burdensome research, divulge privileged information and produce privileged documents. This defendant, United States Gypsum Company, responds to these Interrogatories on behalf of itself. U.S. Gypsum further objects to these Interrogatories to the extent they seek information or documents protected by the attorney-client privilege and the work product rule and to the extent they seek trial preparation or expert materials or documents. Finally, U.S. Gypsum objects to these Interrogatories to the extent they ask for "identification" of voluminous documents on the ground that they are overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. As set forth infra, U.S. Gypsum will produce documents which are the proper subjects of an appropriate document request. heylroyster VOELKER &ALLEN Suite 600 Bank One Building Peoria, Illinois 61602 Fax (309) 676-3374 (309) 676-0400 RESPONSES TO INTERROGATORIES INTERROGATORY NO. 1: State the exact name, date and state of incorporation of the corporation providing the answers 2- - 6F8379DIA.02 CPL/cad to these interrogatories and the name of the agent or officer who has taken the "reasonable steps to search the 'corporate memory' of the corporation (1) investigating the contents of the corporation's records, and (2) trying to ascertain the knowledge of other corporate agents" as required in Campen v. Executive House Hotel, Inc., 105 111. App. 3d 576, 587 (1st Dist. 1982). RESPONSE: The exact name of this defendant is United States Gypsum Company. The state of incorporation for this defendant is Delaware. M.L. Higley, Director, Financial Services, United States Gypsum Company, has reviewed these Responses for the purpose of satisfying the verification requirements. These Responses have been prepared based on the continued review of documents located in this defendant's files and information obtained from discussions with this defendant's employees over a period of many years. It is not possible to reconstruct each step taken to gather this information or to verify all documents which might possibly pertain to the matters at issue that have been located or examined in connection' with these Responses. Nor is it possible to specifically identify by name each person who has participated in the preparation of these Responses or to identify each document which may have provided information used in preparing these Responses. HEYLROYSTER VOELKER &ALLEN Suite 600 Bank One Building Peoria, Illinois 61602 Rut (309) 676-3374 (309) 6760400 -3- 6F8379DIA. 02 CPL/cad INTERROGATORY NO. 2: State the name, address, phone number and subject of testimony of those persons which you will call as witnesses at trial. RESPONSE; Unknown at this time. Discovery continues. This defendant reserves the right to supplement this response. INTERROGATORY NO. 3: State the following regarding each person from whom you may offer opinion testimony: (a) (b) (c) (d) (e) (f) name, address and employer; whether the person has been retained to provide testimony; the subject on which the witness is expected to testify; the witness' conclusions and opinions and the bases therefore; the qualifications of the witness; provide all reports of the witness. RESPONSE: See response to Interrogatory No. 2. INTERROGATORY NO. 4: State the following regarding each statement (whether oral or written, signed or unsigned) concerning the occurrence described in the complaint: the name and last known address of the person making the statement; when, where and by whom the statement was taken; whether there is any tangible preservation of the statement, and if so, the name and address of the person having possession of the same. RESPONSE: None other than through formal discovery. Heylroyster VOELKER &ALLEN INTERROGATORY NO. 5: If any private firm or company adjuster has been directed to investigate the occurrence or ask questions of persons who may Suite 600 Bank One Building Peoria, Illinois 61602 Fax (309) 676-3374 (309) 676-0400 -4- ^ 6F8379DIA.02 CPL/cad ) the occurrence, state the full name and address of each such firm or adjuster. RESPONSE: None other than through formal discovery. INTERROGATORY NO. 6: If you have any information regarding Benjamin Lewandowski's physical condition other than that information furnished you by Plaintiff's counsel, state the nature of the information, the name and address of its source, and if documentary in nature, its present location. RESPONSE: None other than through formal discovery. HEYLROYSTER VOELKER &ALLEN INTERROGATORY NO. 7: If you were named or covered under any policy of insurance which provides coverage for any claim stated in the complaint, state as to each such policy: the name of the company; the policy number; the effective period; the maximum liability limits; what amounts, if any, have previously been paid under the policy which in the opinion of the carrier reduces the coverage available; whether the carrier denied coverage or tendered a defense under a reservation of rights; whether the policy contains and first party medical pay or disability coverage, and, if so, describe the coverage; and which, if any, of the carriers listed in your answer is providing a defense to this suit. RESPONSE: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Suite 600 Bank One Building Peoria, Illinois 61602 Fax (309) 676-3374 (309) 6764)400 -5 6F8379DIA.02 CPL/cad INTERROGATORY NO. 8; State the name and address of each person who has employed the lawyer(s) representing you in this case. Illinois Supreme Court Rule of Professional Conduct 3.3(a) (8). RESPONSE: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and privileged. Without waiving this objection, this defendant is represented by Heyl, Royster, Voelker and Allen in this matter and consents to said representation. INTERROGATORY NO. 9; State the following about each current employee of Defendant who has a medical degree: name, business address, job title, and whether the person completed a residency in either public health or occupational medicine. RESPONSE: See this defendant's response to Interrogatory No. 11. With respect to whether or not these individuals completed a residency in public health or occupational medicine, non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. heylroyster VOELKER &ALLEN INTERROGATORY NO. 10: State the following about each current employee of Defendant who is an industrial hygienist: name, business address and job title. RESPONSE: This defendant employed F. Tremmel as an industrial hygienist from August 4, 1986 to June 21, 1988. He Suite 600 Bank One Building Peoria, Illinois 61602 lax (309) 676-3374 (309)6760400 -6- 6F8379DIA.02 CPL/cad ) was succeeded in that position by R.P. Musselman, Corporate Toxicologist. Prior to August 4, 1986, this defendant did not employ a certified industrial hygienist. This defendant employed H. Lawton as an industrial hygienist from 8/17/87 to 12/90 and H.C. Brown as an industrial hygienist from 9/28/87 to 11/90. Heyl Royster VOELKER &ALLEN INTERROGATORY NO. 11; Has Defendant ever had one or more persons whose primary responsibility included looking after or monitoring the health of Defendant's employees, such as a medical director? If so, state the following as to each person who has held this position: (a) (b) (c) (d) (e) (f) the name and address of the person; the name of the position he or she held; the dates during which he or she held the position; the address of his or her office during the time he or she held the position; state whether there was a written job description for that position at that time; if there was a written job description, set forth the words of the description or attach a copy hereto. RESPONSE: a-d) Objection. This defendant objects to the phrase "looking after or monitoring the health of defendant's employees" as being vague and ambiguous. In addition, there has been no allegation that plaintiff was ever an employee of this defendant. Therefore, this Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving these objections, U.S. Gypsum's Chief Medical Officers: Suite 600 Bank One Building Beotia, Illinois 61602 Fix (309) 676-3374 (309)6760400 -7- 6F8379DIA.02 CPL/cad C.A. Hedblom, M.D., 101 South Wacker Drive, Chicago, Illinois, 1974 to 8-31-89 (retired). W. Highstone, M.D. - 1939 to 1974 (deceased). In addition, U.S. Gypsum retained or consulted "outside doctors" who provided services to its employees. See attached Exhibit No. 1. e-f) The Medical Director operated a medical facility in Company general offices; conducted and managed a medical program; and furnished counsel as required to assure the health and well being of Company employees. Medical Director reported to the Vice President of Personnel. heylroyster VOELKER &ALLEN INTERROGATORY NO. 12: Has Defendant ever directed or contributed money toward a study of the effects of asbestos upon the health of animals or man? If so, state the following as to each such study: - a) the description or title of the study; b) the dates during which it was made; c) brief description of the study; d) whether any of the results were reported into written form, and if so, who now has a copy of_the report. RESPONSE: U.S. Gypsum is aware of tests which were performed to measure the release of asbestos fibers during the mixing and sanding of j oint compounds. U.S. Gypsum Company contributed to a study conducted beginning approximately 1936 by Dr. Gardner of the Saranac Laboratory. Suite 600 Bank One Building Peoria, Illinois 61602 Fax (309) 676*3374 (309) 676-0400 -8- 6F8379DIA.02 CPL/cad ') Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. INTERROGATORY NO. 13: Have there been any studies of the effect of asbestos upon the health of any of Defendant's employees? If so, state: a) the description or title of the study; b) the dates during which it was made; c) the location or locations of the plants at which the employees were employed; d) the number of employees studied; e) brief description of the study; f) whether any of the results were reported into written form, and if so, who now has a copy of the report. RESPONSE: Objection. There has been no allegation that plaintiff was ever an employee of this defendant. Therefore, this Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Non-privileged, response documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. heylroyster VOELKER &ALLEN INTERROGATORY NO. 14: Have there been any instances where asbestos was a cause of mesothelioma in man? RESPONSE: Objection. This defendant objects to this Interrogatory on the basis that it constitutes an improper form of discovery in that plaintiff in effect is submitting a Suite 600 Bank One Building Peoria, Illinois 61602 fax (309) 676-3374 (309)6760400 -9- Y 6F8379DIA.02 CPL/cad disguised request for admission. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to offer. This Interrogatory improperly seeks to obtain facts and opinions held by medical experts. Without waiving these objections, see attached Exhibit No. 2. INTERROGATORY NO. 15: How much asbestos is necessary to cause mesothelioma in man? RESPONSE: Objection. This defendant objects to this Interrogatory on the basis that it constitutes an improper form of discovery in that plaintiff in effect is submitting a disguised request for admission. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to offer. This Interrogatory improperly seeks to obtain facts and opinions held by medical experts. Without waiving these objections, see attached Exhibit No. 2. HeylRoyster VOELKER &A.LLEN INTERROGATORY NO. 16: What is the maximum about of asbestos to which an individual can be exposed without increasing the risk that the individual will contract mesothelioma? RESPONSE: Objection. This defendant objects to this Interrogatory on the basis that it constitutes an improper form of discovery in that plaintiff in effect is submitting a disguised request for admission. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to offer. This Interrogatory improperly seeks to Suite 600 Bank One Building Peoria, Illinois 61602 Fax (309) 676-3374 (309) 676-0400 -10- 6F8379DIA.02 CPL/cad obtain facts and opinions held by medical experts. Without waiving these objections, see attached Exhibit No. 2. INTERROGATORY NO. 17: Has Defendant issued a warning about the relationship between asbestos and mesothelioma? If so, state as to each such warning: (a) the language of the warning; (b) date first issued or distributed; (c) date last issued or distributed; (d) the method of communication or distribution used; (e) the name, position at that time, and current address, position and employer of each person ordering or recommending the warning. RESPONSE: Specifically with respect to mesothelioma, not to this defendant's best current knowledge, information and belief. With respect to other warnings issued by this defendant on its asbestos-containing products, see attached Exhibit No. 3. INTERROGATORY NO. 18: If your answer to the preceding interrogatory was affirmative, list the name and address of each employee of Defendant who was responsible to investigate whether the warning was reaching the persons who were breathing or ingesting sufficient amounts of asbestos to be at risk of contracting mesothelioma. RESPONSE: See this defendant's response to Interrogatory No. 17. heylroyster VOELKER SULLEN INTERROGATORY NO. 19: If vour answer to the second preceding interrogatory was affirmative, list the name and Suite 00 Bank One Building Peoria, niinois 61602 Fax (309) 676-3374 (309)6764)400 -11- 6F8379DIA.02 CPL/cad address of each employee of Defendant who was responsible to investigate whether the warning provided the persons at risk of contracting mesothelioma with a sane appreciation of the severity of the disease and the probability of contracting the same. RESPONSE: See this defendant's response to Interrogatory No. 17. INTERROGATORY NO. 20: If your response to any interrogatory is an objection that it was burdensome, state the name, address and position of the person most knowledgeable about the effort that would be required to answer the interrogatory and the estimate of that person regarding the man-hours that would be required to answer the interrogatory. RESPONSE; Objection. This Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. heylroyster VOELKER &ALLEN Suite 600 Bank One Building Peoria, Illinois 61602 Fax (309) 676-3374 (309) 6764)400 -12- STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) VERIFICATION I, M. L. Higley, declare: I am the Director, Financial Services, of United States Gypsum Company, one of the above named defendants, and am authorized to make this verification for and on behalfof said company; I have read the foregoing Answers, Objections, and other Responses to Plaintiffs' Interrogatories and am informed and believe that the same is true and on that ground allege that the matters therein stated are true. I declare, under penalty ofpequry, that the foregoing is true and correct, and that this declaration was executed on jkyh/1 / in Chicago, Illinois. Notary Public "OFFICIAL SEAL" SANDRA D. HUNTER NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 8/11/95 6F8379DIA.02 CPL/cad PROOF OF SERVICE The undersigned certifies that a copy of the foregoing instrument was served upon the attorneys of record of all parties to the above cause by enclosing the same in an envelope addressed to such attorneys at their business address as disclosed by the pleadings of record herein, with postage fully prepaid, and by depositing said envelope in a U.S. Post Office Box in Peoria, Illinois 1996. See attached service list heylroyster VOELKER " LEN Suite 600 Bank One Building Peoria, Illinois 61602 Fax (309) 676-3374 (309) 676-0400 -13- 11 EXHIBIT 1 February 1# 1989 Plant Clinics and Medical Personnel Retained/Consulted _______1930-1976 Schedul - Oakfield. New York R. C. Warn, M.O. J. Diasio, M.D. ' Chamblee. Georgia ' H. M. Schreeder, M.D. W. C. McGraw, M.D. Greenville. Mississippi J. B. Hirsch, Sr., M.D 0. Beck, M.D. J. B. Hirsch, Jr., M.D Corsiciana. Texas A. L. Grizzafi, M.D. Dallas. Texas Launey Medical & Surgical Clinic D. G. Launey, M.D. S. L. Gilbert, M.D. F. C. Atkinson, M.D. R. F. Duchouquette, M.D. W. D. Stevenson, M.D. D. H. Waddell, M.D. R. R. Henry, M.D. Z. L. Darneron, M.D*W. D. Lee, M.D. A. H. Teddle, M.D. Trinity Medical Clinic Jacksonville. Florida J. H. Mitchell, M.D. J. L. Mitchell, M.D. Plasterco. Virginia J. A. Soyars, M.D. P. W. Cowherd, M.D. ' Page 1 of 8 y Sweetwater. Texas C. A. Rosebrough, M.D. A. H. Fortner, M.D. S. A. Loeb, M.D. J. K. Richardson, M.D. T. D. Young, M.D. F. Hood, M.D. R. L. Price, M.D. Detroit. Michigan R. L. St. Louis, K. Hergt, M.D. M.D. East Chicago. Indiana R. J. Liehr, M.D. F. F. Boys, M.D. F. A. Benchik, M.D. G. A.Thegze, M.D. J. Derakowicz, R.N. Fort Dodae. Iowa Fort Dodge Medical Center J. Michelfelder, M.D. L. Dagle, M.D. E. Kraushaar, M.D. J. Landhuis, M.D. L. LeValley, M.D. W. Rathke, M.D. H. Brandt, M.D. R. Kersten, M.D. C. Robb, M.D.H. Kersten, M.D. E. Woodard, M.D. Gvosuitt. C. A. P. K. K. M. Ohio J. Yeisley, M.D. J. Miessner, M.D. Hughes, M.D. Ritter, M.D. Akins, M.D. Jennings, R.N. Shoals. E. R. Indiana B. Lett, M.D. E. Chattin, M.D. Page 2 of 8 Empire. Nevada Sparks Medical Clinic J. M. Watson, M.D. M. Raymond, M.D. J. C. Kelly, M.D. F. C. Stokes, M.D. . ' . - Torrance. California P. Casey, M.D. J. Anable, M.D. Dr. Cook South Gate. California H. Caesar, M.D. Family Medical Clinic (Various physicians. Firestone Medical Group (Various physicians. . Names unavailabl Names unavailabl Tacoma. Washington B. Archer, M.D. Walworth. Wisconsin * D. R. Hansen, M.D. I. J. Bruhn, M.D. J. A. Carroll, M.D. A. C. Sapida, M.D. Walworth Family Medical Center * Boston. Massachusetts V. Rubin, M.D. - E. Staffier, M.D. A. C. Leavitt, M.D. Sullivan Square American Mutual Insurance Clinic Massachusetts General Hospital Clark. New Jersey . C. T. Decker, M.D. F. B. Nelson, M.D. C. F. Dent, M.D. E. E. Goe, M.D. . S. Wexler, M.D. Oakmont. Pennsylvania C. E. Piper, M.D. F. W. Nicklas, M.D. H. Hagan, M.D. Citizens General Hospital * Page 3 of 8 Franklin Park. Illinois Northwest Medical Clinic LTD. L. Devira, M.D. Franklin Park Medical Center V. Oelrich, R.N. Rosemont. Illinois O'Hare Industrial Clinic Fahey Medical Center Rush Presbyterian - St. Lukes Health Center Occupational . ' ' Galena Park. Texas J. Nichols, M.D. Deaton Clinic ... Siaurd.' Utah ' T. D. Bard, M.D. R. E. Noyes, M.D. R. N. Malouf, M.D. J. G. McGuarrie, M.D. G. A. Buchanan, M.D. -' ... JT--B. Cluff, M.D. Genoa. Ohio E. D. Schuiteman ' . Norfolk. Virginia E. R. Altizer, M.D. . .W._ .H*. .Whitmore, M.D. G. A. Duncan, M.D. - F. Walter, M.D. A. A. Burke, M.D. R- L. Payne, M.D. J. L. Rosenthal, M.D. P. B. Parsons, M.D. J. Sakakini, M.D. K. Jones, M.D.. V. H. Ober, M.D. . Dr. Albanese J. Foster, M.D. G. G. Hollins, M.D. Dr. Labstein J. M. Ratliff, M.D. ............J.,,A. Vann, M.D. C. B. Trower, M.D. R. W. Adams, M.D. R. R. Powell, M.D. C. Pole, M.D. G. A. Duncan, M.D. " * ' Page 4 of 8 Norfolk. Virginia (continued! D. c. Pryor, M.D. E. A. Buchan, M.D. Dr. Kuehn . Santa Fe Springs. California J. W. Raber, M.D. Raber Industrial Medical Group Morrow. Georgia N. Bateman, M.D. . Stonv Point. New York Dr. Borsinger Dr. Natelson - Dr. Zuka Nyack Hospital Soerrv. Iowa ' H. M. Patterson, D.O. ' J. F. Roules, M.D. ' Burlington Medical Center Wabash. Indiana F. Whistler, M.D. R. M. LaSalle, Jr., R. M. LaSalle, Sr., R. M. LaSalle, M.D. W. D. Boaz, M. D. P. Ferguson, M.D. F. Smyrniotis, M.D. J. E. Haughn, M.D. LaSalle Clinic M.D. M.D. - Baltimore. Maryland C. C. Chiu, M.D. F. G. Mainolfi, M.D. ' Fort Medical Center " North Kansas Citv. Missouri Industrial Clinic North Fairfax Industrial Medical Clinic New Orleans. Louisiana B. Pardue, M.D. J. Dean, M.D. Downman Road Clinic Page 5 of 8 t * 1 Southard. Oklahoma _ R. Richardson, M.D. R. Kirby, M.D. T. Perry, M.D. R. Tavlin, M.D. __ K. Godfrey, M.D. R. McLauchlin, M.D. M. Carter, M.D. C. H. Williams, M.D. . B. D. Dotter, M.D. ' F. Crowe, M.D. D. Lagan, M.D. * ..........G. Worcester, M.D. . Warren. Ohio .. R. Willoughby, M.D. Birmingham. Alabama Thuss Clinic ` W. G. Thuss, M.D. . R. J. Smith, M.D. Union Citv. Tennessee .. .. J*.H Ragsdale, M.D. " R. E. Clendenin, M.D. R. G. Latimer, M.D. J. K. Avery, M.D. L. W. Jones, M.D. H. Butler, M.D. J. Cambell, M.D. Doctor's Clinic of Union City Alabaster. Michigan J. J. Austin, M.D. H. Brinkman, M.D. ' M. E. Field, M.D. J. R. Gehman, M.D. " J. W. Grigg, M.D. M. Guerany, M.D. _ H. R. Hess, O.D. J. E. Jaques, M.D. L. Kelley, M.D. V. W. Kershul, M.D. L. A._Lambert, M.D. L. A.~Laporte, M.D. 0. W. Mitton, M.D. R. Morin, M.D. N. Payea, M.D. R. J. Ruda, M.D. G. L. Schaiberger, M.D. Page 6 of 8 Alabaster. Michigan (continued) J. M. Schuele, M.D. R. L. Sutton, M.D. Z. E. Taheri, M.D. W. Williams, M.D. Kearnv. New Jersey Plant closed J. Borino, M.D. J. Grund Fest, M.D. Boonton. New Jersey Acquired 1985 Camden. New Jersey Plant closed A. Marks, M.D. ' Occupation Health Services Trenton. New Jersey Plant closed P. Albert, M.D. Helene Fuld Medical Center Paulsboro. New Jersey Acquired 11/30/87 New Brighton. New York Plant closed H. Crane, M.D. F. Tellefsen, M.D. ' E. Morris, M.D. Saint Vincent's Hospital Staten Island Hospital Port Reading. New Jersey Acquired 6/76 " Fremont. California Acquired 1983 Philadelphia. Pennsylvania Plant sold Conyers. Georgia ' Acquired 12/10/80 Mansfield. Texas Acquired 8/81 * Page 7 of 8 Spruce Pine _ Acquired 5/12/79 LaMlrada. California Acquired 6/81 U.S. Gypsum has no information on medical personnel the plants at Jersey City, NJ; St. Paul, MN; Midway, IL; South Plainfield, NJ; Midland, CA; Heath, MT; Loveland, CO; Milwauke WI; Nephi, UT; and Philadelphia, PA, which are now closed. In addition, no record information is available for Plaster City, CA. U.S. Gypsum has no information for the plant at Red Wing, for years prior to 1985. U.S. Gypsum owned Red Wing in the mi 1960s prior to selling the plant to Conwed Corporation, and US< Acoustical Products,'Company (now USG Interiors, Inc.) reacqui: the facility in late 1985. Page 8 of 8 EXHIBIT 2 United States Gypsum Company has been aware since the mid-1930's that inhalation of large quantities of asbestos fibers foe long periods of time could produce a pneumoconiotic lung condition known as asbestosis. United States Gypsum Company is presently unaware of specifically now it acquired this knowledge. United States Gypsum Company is not aware of precisely when it first knew of the relationship between the inhalation of asbestos fibers and the development of bronchogenic carcinoma, except that it does know that one of its employees, E. C. Beuthin. United States Gypsum Company's first Safety Director, has stated in his deposition that he attended a conference in 1955. at which papers discussing this relationship were presented. Documents produced in other litigation pertaining to this issue have come to U. S. Gypsum's attention. These documents were produced by other parties; U. S. Gypsum has not found them in its own files and can make no representations concerning the origin or authenticity of those documents. The documents suggest that in approximately October 1948, U. S. Gypsum may have received a draft report concerning inhalation experiments on laboratory animals exposed to high levels of asbestos dust. It was reported that some of the animals developed lesions described variously as lung cancer and non-malignant adenomas. U. S. Gypsum believes that these ace the same experimental results reported to the National Cancer Institute by Dr. L. U. Gardner in 1943 and Dr. Kenneth M. Lynch in 1947 and referred to by Dcs. Lynch, Mclver and Cain in theic 1956 published article, "Pulmonary Tumors In Mice Exposed To Asbestos Dust," 15 A.M.A. Archives of Industrial Health 207 (March 1957), which was received for publication in 1956. United States Gypsum Company is now aware that the first published study which established a direct association between the inhalation of asbestos fibers and the development of mesothelioma was the 1960 epidemiological study entitled "Diffuse Pleural Mesothelioma and Asbestos Exposure in the North Western Cape Province" by J. C. Wagner, et al., which described mesothelioma occurrence among persons exposed to crocidolite. at or near crocidolite mines in South Africa. United States Gypsum Company is not aware of precisely when it first knew of the relationship between the inhalation of asbestos fibers and the development of mesothelioma, except that it believes that the first employee to become aware of this association was G. R. Krug, one of United States Gypsum Company's former Safety Directors. Mr. Krug has testified that he first became aware in the early to mid-1960's of the association between exposure to asbestos fibers and the development of mesothelioma in asbestos miners, as a result of reading articles in newspapers and magazines. Page 2 of 2 EXHIBIT 3 RESPONSE U.S. Gypsum utilized warnings to applicators consistent with OSHA guidelines on its joint treatment products beginning in 1972, on texture products beginning in 1973, and on certain industrial plaster products in 1975. The language of the warning was as follows: "Caution: Contains Asbestos Fibers. Avoid Creating Dust. Breathing Asbestos Dust May Cause Serious Bodily Harm" In 1974, the above warning was modified by. adding the following on joint compound products: "Observe the following precautions: Wet sanding or sponging finished joints is recommended rather than dry sanding to avoid creating dust. If dry sanding, mixing, or otherwise working in a dusty atmosphere containing this material, ventilate, use dust collector, or wear eye protection and a respirator approved by the Bureau of Mines or NIOSH, to remove nuisance dust." Concerning SprayDon, a product sold and distributed by Sprayon Research Corporation, manufactured by U.S. Gypsum according to Sprayon's specifications, the following appeared on SprayDon bags in approximately June, 1966. "Contains Asbestos" years. The following appeared on SprayDon in subsequent "Caution: This product contains asbestos." (1968) "Caution: This product contains asbestos which may be harmful to lungs if inhaled." (1969) Concerning Super-tite Wet Patch, an adhesive manufactured by W.W. Henry Company and resold by U.S. Gypsum, following appeared on the label for this product after 1972: the ) Contents Asphalt Petroleum Spirits Asbestos Fiber U.S. Gypsum presently believes that during the period 1969 - 1973, asbestos was listed as a separate ingredient on packaging for its texture product, Imperial QT. Investigation continuing. 6 F 8379 LEWANDOWSKI, Stelle (Benjamin Lewandowski, Dec'd.) COOK COUNTY, ILLINOIS No. 92 L 3472 ATTORNEYS FOR PLAINTIFF James Walker, Ltd. 207 W. Jefferson St. P.0. Box 3455 Bloomington, IL 61702-3455 Jennifer Walker/Wolin & Rosen, Ltd. 2 N. LaSalle Street Chicago, IL 60602 ATTORNEYS FOR OWENS-CORNING John Dames Kelley, Drye & Warren 303 W. Madison - 14th Floor Chicago, IL 60606 ATTORNEYS FOR OWENS-ILLINOIS Robert Riley Schiff, Hardin & Waite 7200 Sears Tower Chicago, IL 60606 ATTORNEYS FOR PITTSBURGH CORNING Polsinelli, White, Vardeman & Shalton Plaza Steppes Bldg. 700 W. 47th St. - Suite 1000 Kansas City, M0 64112-1802 ATTORNEYS FOR FIBREBOARD Michael Connelly Connelly & Schroeder One N. Franklin Suite 1200 Chicago, IL 60606 ATTORNEYS FOR SPRINKMANN SONS Schmidt & Molchin, P.C. 1518 First Financial Plaza 411 Hamilton Blvd. Peoria, IL 61602 6 F 8379 LEWANDOWSKI, Stelle (Benjamin Lewandowski, Dec'd.) ) ATTORNEYS FOR GARLOCK Edward McCambridge Segal, McCambridge, Singer & Mahoney 20 S. Clark St. - Suite 700 Chicago, IL 60603 ATTORNEYS FOR ARMSTRONG WORLD, NATIONAL GYPSUM, GAF, U.S. GYPSUM, T&N pic Christopher P. Larson Heyl, Royster, Voelker & Allen 600 Bank One Bldg. 124 S.W. Adams Peoria, IL 61602 ATTORNEYS FOR W.R. GRACE Patrick J. Lamb Kirk T. Hartley Fatten, Muchin & Zavis 525 W. Monroe, Suite 1600 Chicago, IL 60661-3693 ATTORNEYS FOR ABEX Robert W. Scott, Jr. Swain, Hartshorn & Scott 1806 First Financial Plaza Peoria, IL 61602 ATTORNEYS FOR FLINTKOTE Jack Block Sachnoff & Weaver, Ltd. 30 S. Wacker Dr. Suite 2900 Chicago, IL 60606-7484 ATTORNEYS FOR BRAND INSULATIONS Thomas J. Platt Kurnik, Cipolla, Stephenson, Barasha and O'Dell 120 W. Eastman - Suite 302 Arlington Heights, IL 60004 Don C. Hammer Hayes, Schneider, Hammer, Miles & Cox 202 N. Center St. P.0. Box 3067 Bloomington, IL 61702 ATTORNEYS FOR A&M INSULATION Edward J. Matushek, III. Haskell & Perrin 200 W. Adams St. - Suite 2600 Chicago, IL 60606 < 2 6 F 8379 ") LEWANDOWSKI, Stelle (Benjamin Lewandowski, Dec'd.) ~) Gregory C. Knapp Attorney at Law 1952 S. Main St. P.0. Box 205 Eureka, IL 61530 ATTORNEYS FOR JOHN CRANE Law Office of William Koziol 1 Kemper Drive Long Grove, IL 60049 . ATTORNEYS FOR BABCOCK & WILCOX Arnstein, & Lehr 120 S. Riverside Plaza - Suite 1200 Chicago, IL 60606-3913 ATTORNEYS FOR ANCHOR PACKING (dismissed) ATTORNEYS FOR METROPOLITAN LIFE INS. Mark E. Rakoczy Skadden, Arps, Slate, Meagher & Flora 333 W. Wacker Suite 2100 Chicago, IL 60606 3 9H3572DIA.01 CPL/cla STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT OF ILLINOIS COUNTY OF PEORIA BEVERLY FOGLIANO, Individually and as Special Administrator of the Estate of Bernard Fogliano, deceased, Plaintiffs, vs. ABEX CORPORATION, et al. , Defendants. ) ) ) ) ) ) ) ) ) ) ) ) LAW NO. 96 L153 HEYLROYSTER VOELKER &ALLEN ANSWERS TO INTERROGATORIES NOW COMES the defendant, UNITED STATES GYPSUM COMPANY, by HEYL, ROYSTER, VOELKER & ALLEN, its attorneys, and for answer to the Interrogatories previously propounded to it by the plaintiff, BEVERLY FOGLIANO, Individually and as Special Administrator of the Estate of Bernard Fogliano, Deceased, states as follows: PREFATORY STATEMENT United States Gypsum Company (hereinafter "U.S. Gypsum") has, to the best of its abilities, gathered non-privileged documents into a document repository for inspection by plaintiffs' counsel in response to requests for production served in asbestos litigation. These documents provide information that supplements and expands upon that provided in these Answers to Interrogatories. Accordingly, by way of further response to these Interrogatories, U.S. Gypsum hereby offers to make available these documents at a mutually Suite 600 Bank One Building 121 S.W. Adam* Street Peoria. Illinois 01002 Kax (M) 6?vM7^ CM) 67IWM00 9H3572DIA.01 CPL/cla convenient time at its offices at 125 S. Franklin Street, Chicago, Illinois. In giving its response to Interrogatories as to asbestos-containing products, U.S. Gypsum refers to products containing commercial asbestos as part of their formulation and to the type of commercial asbestos used as part of the formulation. OBJECTIONS U.S. Gypsum objects to the manner in which plaintiff has defined U.S. Gypsum to the extent that plaintiff purports to include in its definition of U.S. Gypsum predecessors-in-interest, subsidiaries, and successors-in-interest of the corporate defendant. In that U.S. Gypsum Company is named defendant, this definition is overly broad and would require U.S. Gypsum to engage in unduly burdensome research, divulge privileged information and produce privileged documents. This defendant, United States Gypsum Company, responds to these Interrogatories on behalf of itself. U.S. Gypsum further objects to these Interrogatories to the extent they seek information or documents protected by the attorney-client privilege and the work product rule and to the extent they seek trial preparation or expert materials or documents. Finally, U.S. Gypsum objects to these Interrogatories to heyl Royster voelker &ALLEN the extent they ask for "identification" of voluminous documents on the ground that they are overly broad, unduly burdensome and not reasonably calculated to lead to the Suite tiOO Hank One Building 1`J i S.VV. Adam* Street Peoria, (litnoi* (iKiO'J Fax (SOll) t>7V:W7-l CUK BTti-OlOO 9H3572DIA.01 CPL/cla discovery of admissible evidence. As set forth infra, U.S. Gypsum will produce documents which are the proper subjects of an appropriate document request. ANSWERS TO INTERROGATORIES INTERROGATORY NO. 1: State the exact name, date and state of incorporation of the corporation providing the answers to these interrogatories and the name of the agent or officer who has taken the "reasonable steps to search the 'corporate memory' of the corporation (1) investigating the contents of the corporation's records, and (2) trying to ascertain the knowledge of other corporate agents" as required in Campen v. Executive House Hotel, Inc., 105 111. App. 3d 576, 587 (1st Dist. 1982). ANSWER: The exact name of this defendant is United States Gypsum Company. The state of incorporation for this defendant is Delaware. P. Monzella, Director, Analytical Services, United States Gypsum Company, has reviewed these responses for the purposes of satisfying the verification requirements. These responses have been prepared based on the continual review of documents located in this defendant's files and information obtained from discussions with this defendant's employees over a period of many years. It is not possible to reconstruct each step taken to gather this information or to verify all documents which heyl Royster Voelker&ALLEN might possibly pertain to the matters at issue that have been located or examined in connection with these responses. Nor is it possible to specifically identify by name each person who Suilr !>f)0 Bank One Building 1*-M SAV. Adams Sireel IVorta, lllimm Fax (300) rt7lk`W74 9H3572DIA.01 CPL/cla has participated in the preparation of these responses or to identify each document which may have provided information used in preparing these Responses. INTERROGATORY NO. 2: Pursuant to Illinois Supreme Court Rule 213(f), provide the name and address of each witness who will testify at trial and state the subject of each witness' testimony. ISC Form Int. 23. ANSWER: Unknown at this time. Discovery continues. This defendant reserves the right to supplement this answer. INTERROGATORY NO. 3: Pursuant to Illinois Supreme Court Rule 213(g), provide the name and address of each opinion witness who will offer any testimony and state: (a) The subject matter on which the opinion witness is expected to testify; (b) The conclusions and/or opinions of the opinion witness and the basis therefore, including reports of the witness, if any; (c) The qualifications of each opinion witness, including a curriculum vitae and/or resume, if any; and (d) The identity of any written reports of the opinion witness regarding the occurrence. ISC Form Int. 24. ANSWER: See answer to Interrogatory No. 2. heylRoyster VOELKER &ALLEN INTERROGATORY NO. 4: Have you (or has anyone acting on your behalf) had any conversations with any person at any time Suiu* GOO Bank One Building 12-1 S.W. Attain* Sirtvi IVorta, 0H>02 Fax (30l> Ii7fi-:W7 I W.M t)7tv<M00 -4- 9H3572DIA.01 CPL/cla with regard to the manner in which the occurrence complained of occurred, or have you overheard any statements made by any person at any time with regard to the (injuries) (loss) complained of by plaintiff or the manner in which the occurrence complained of occurred? If the answer to this interrogatory is in the affirmative, state the following: (a) The date or dates of such conversations and/or statements; (b) The place of such conversations and/or statements; (c) All persons present for the conversations and/or statements; (d) The matters and things stated by the person in conversations and/or statements; (e) Whether the conversation was oral, written and/or recorded; and (f) Who has possession of the statement if written and/or recorded. ISC Form Int. 9. ANSWER: None regarding this plaintiff. INTERROGATORY NO. 5: Do you know of any statements made by any person relating to the occurrence? If so, give the name and address of each such witness, the date of the statement, and state whether such statement was written and/or oral. ISC Form Int. 10. ANSWER: None regarding this plaintiff. heylRoyster VOELKER &ALLEN INTERROGATORY NO. 6: If any private firm or company adjuster has been directed to investigate the occurrence or ask questions of persons who may have knowledge of facts concerning Suili* fiOO Rank Onr Building 124 S.W. Adams Sum JVoria. Illinois 01/'>02 Fax C*(H B7lv:W7 l (:M R7R4HOO -5- 9H3572DIA.01 CPL/cla the occurrence, state the full name and address of each such firm or adjuster. ANSWER: No. INTERROGATORY NO. 7: If you have any information regarding Bernard Fogliano's physical condition other than that information furnished you by Plaintiff's counsel, state the nature of the information, the name and address of its source, and if documentary in nature, its present location. ANSWER: No. INTERROGATORY NO. 8: Were any photographs, movies and/or videotapes taken of the scene of the occurrence or of the persons involved? If so, state the date or dates on which such photographs, movies and/or videotapes were taken, the subject thereof, who now has custody of them, and the name, address and occupation and employer of the person taking them. ISC Form Int. 8. ANSWER: This defendant's counsel may have several photographs of the Keystone plant which were produced at the CoBta trial. INTERROGATORY NO. 9: If you were named or covered under any policy of insurance which provides coverage for any claim HEYLROYSTER VOELKER &ALLEN stated in the complaint, state as to each such policy: the name of the company; the policy number; the effective period; the maximum liability limits; what amounts, if any, have Suite l00 Bank One Building 124 S.W. Ad.tim Street I'enriu. Illinois l>IB02 Fax (SIH ti/lkWT I CWM) <>7(>4M()0 -6- 9H3572DIA.01 CPL/cla previously been paid under the policy which in the opinion of the carrier reduces the coverage available; whether the carrier denied coverage or tendered a defense under a reservation of rights; whether the policy contains any first party medical pay or disability coverage, and, if so, describe the coverage; and which, if any, of the carriers listed in your answer is providing a defense to this suit. ANSWER: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. INTERROGATORY NO. 10: State the name and address of each person who has employed the lawyer(s) representing you in this case. Illinois Supreme Court Rule of Professional Conduct 3.3(a) (8) . ANSWER: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and privileged. Without waiving this objection, this defendant is represented by Heyl, Royster, Voelker & Allen in this matter and consents to said representation. HEYLROYSTER VOELKER &ALLEN Sim* tiflO Rank One Ruildm# l`24 SAN'. Adam* Sued Peoria, Illinois rtlf0`2 Fax CkW) rt7JkU74 CM)*.)) C.TlkMOO INTERROGATORY NO. 11: State the following about each current employee of Defendant who has a medical degree: name, business address, job title, and whether the person completed a residency in either public health or occupational medicine. ANSWER: See this defendant's response to Interrogatory No. 13. With respect to whether or not these -7- 9H3572DIA.01 CPL/cla individuals completed a residency in public health or occupational medicine, non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. INTERROGATORY NO. 12; State the following about each current employee of Defendant who is an industrial hygienist: name, business address and job title. ANSWER: This defendant employed F. Tremmel as an industrial hygienist from August 4, 1986 to June 21, 1988. He was succeeded in that position by R. P. Musselman, Corporate Toxicologist. Prior to August 4, 1986, this defendant did not employ a certified industrial hygienist. This defendant employed H. Lawton as an industrial hygienist from 8/17/87 to 12/90 and H. C. Brown as an industrial hygienist from 9/28/97 to 11/90. HEYLROYSTER VOELKER &ALLEN INTERROGATORY NO. 13: Has defendant ever had one or more persons whose primary responsibility included looking after or monitoring the health of Defendant's employees, such as a medical director? If so, state the following as to each person who has held this position: (a) the name and address of the person; (b) the name of the position he or she held; (c) the dates during which he or she held the position; Rank One Building 12*1 S.VV. Adutm Street Peoria, UlinuiH Fax CMM) H7IVM74 <:WW> (V7IKHIX) -8- 9H3572DIA.01 CPL/cla (d) the address of his or her office during the time he or she held the position; (e) state whether there was a written job description for that position at that time; (f) if there was a written job description, set forth the words of the description or attach a copy hereto. ANSWER: (a-d) Objection. This defendant objects to the phrase "looking after or monitoring the health of defendant's employees" as being vague and ambiguous. In addition, there has been no allegation that plaintiff was ever an employee of this defendant. Therefore, this Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving these objections, U.S. Gypsum's Chief Medical Officers: C.A. Hedblom, M.D. (retired) 101 South Wacker Drive Chicago, IL 1974 to 8/31/89 W. Highstone, M.D. (deceased) 1939 to 1974 In addition, U.S. Gypsum retained or consulted "outside doctors" who provided services to its employees. See attached Exhibit No. 1. (e-f) The Medical Director operated a medical facility in Company general offices; conducted and managed a medical program; and furnished counsel as required to assure the health and well being of Company employees. Medical Director reported to the Vice President of Personnel. HEYLROYSTER VOELKER &ALLEN INTERROGATORY NO. 14 : Has Defendant ever directed or contributed money toward a study of the effects of asbestos Suiu* 000 (lank One Eluilclinm I `JJ S.VV. Adam* Sirt*i*i IVoria. lllinoi* 01002 Fax CU*l) .* 07l>0100 -9- 9H3572DIA.01 CPL/cla upon the health of animals or man? If so, state the following as to each such study: (a) the description or title of the study; (b) the dates during which it was made; (c) brief description of the study; (d) whether any of the results were reported into written form, and if so, who now has a copy of the report. ANSWER: U.S. Gypsum is aware of tests which were performed to measure the release of asbestos fibers during the mixing and sanding of joint compounds. U.S. Gypsum Company contributed to a study conducted beginning approximately 1936 by Dr. Gardner of the Saranac Laboratory. Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. heylroyster VOELKER &ALLEN INTERROGATORY NO. 15: Have there been any studies of the effect of asbestos upon the health of any of Defendant's employees? If so, state: (a) the description or title of the study; (b) the dates during which it was made; (c) the location or locations of the plants at which the employees were employed; (d) the number of employees studied; (e) brief description of the study; Suite tiflO Bunk One Building ItM SAV. Adams Street IVm ia. Illinois Fax 0*00) B7lv:W7 l 0100) ffffWMOO -10- 9H3572DIA.01 CPL/cla (f) whether any of the results were reported into written form, and if so, who now has a copy of the report. ANSWER: Objection. There has been no allegation that plaintiff was ever an employee of this defendant. Therefore, this Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. INTERROGATORY NO. 16; Have there been any instances where asbestos was a cause of mesothelioma in man? ANSWER: Objection. This defendant objects to this Interrogatory on the basis that is constitutes an improper form of discovery in that plaintiff in effect is submitting a disguised request for admission. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to offer. This Interrogatory improperly seeks to obtain facts and opinions held by medical experts. Without waiving these objections, see attached Exhibit No. 2. INTERROGATORY NO. 17: How much asbestos is necessary to heylroyster VOELKER &ALLEN cause mesothelioma? ANSWER: Objection. This defendant objects to this Interrogatory on the basis that is constitutes an improper form of discovery in that plaintiff in effect is submitting a Suite tm Rank One Ruililin^ I`24 S.W. Adam* Sirroi IVoria, Illinois (>ll>0*J Kax (:WW) CM) (>7(UM00 -11- 9H3572DIA.01 CPL/cla disguised request for admission. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to offer. This Interrogatory improperly seeks to obtain facts and opinions held by medical experts. Without waiving these objections, see attached Exhibit No. 2. INTERROGATORY NO. 18: What is the maximum amount of asbestos to which an individual can be exposed without increasing the risk that the individual will contract mesothelioma? ANSWER: Objection. This defendant objects to this Interrogatory on the basis that is constitutes an improper form of discovery in that plaintiff in effect is submitting a disguised request for admission. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to offer. This Interrogatory improperly seeks to obtain facts and opinions held by medical experts. Without waiving these objections, see attached Exhibit No. 2. HEYLROYSTER VOELKER &ALLEN INTERROGATORY NO. 19: Has Defendant issued a warning about the relationship between asbestos and mesothelioma? If so, state as to each such warning: (a) the language of the warning; (b) date first issued or distributed; (c) date last issued or distributed; (d) the method of communication or distribution used; Rank Om* Ruililin)' 121 S.VV. Adams Sircci IVoria. HliimU Fax CNK)) <>7ikWI CU>*) l>7fv0 UK) -12- 9H3572DIA.01 CPL/cla (e) the name, position at that time, and current address, position and employer of each person ordering or recommending the warning. ANSWER: Specifically with respect to mesothelioma, not to this defendant's best current knowledge, information and belief. With respect to other warnings issued by this defendant on its asbestos-containing products, see attached Exhibit No. 3. INTERROGATORY NO. 20: If your answer to the preceding interrogatory was affirmative, list the name and address of each employee of Defendant who was responsible to investigate whether the warning was reaching the persons who were breathing or ingesting sufficient amounts of asbestos to be at risk of contracting mesothelioma. ANSWER: See this defendant's response to Interrogatory No. 19. HEYLROYSTER VOELKER &ALLEN INTERROGATORY NO. 21: If your answer to the second preceding interrogatory was affirmative, list the name and address of each employee of Defendant who was responsible to investigate whether the warning provided the persons at risk of contracting mesothelioma with a sane appreciation of the severity of the disease and the probability of contracting the same. ANSWER: See this defendant's response to Interrogatory No. 19. Suite (>00 Bank One Building 121 S.W. Adatm Street Peoria. Illinois 4>l<>02 Fax (BOO) (>?t*-B:V7-l (BO*)) t>7(VOM)0 -13- 9H3572DIA.01 CPL/cla INTERROGATORY NO. 22: If your response to any interrogatory is an objection that it was burdensome, state the name, address and position of the person most knowledgeable about the effort that would be required to answer the interrogatory and the estimate of that person regarding the man-hours that would be required to answer the interrogatory. ANSWER: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. INTERROGATORY NO. 23: Has any employee, agent or representative of Defendant (or any of its corporate predecessors) ever been physically present at the premises of Keystone Steel & Wire in Bartonville, Illinois? If so, state the name, current address, and date(s) of visit for each such person. ANSWER: Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. Heylroyster VOELKER &ALLEN Suite t00 Rink One Huildiiu; Ili-t SAV. Adam* Street IVoria, lllinoi* Fax (AO*)) (>7<V:W7 l (A4K)) iVTlMMOl) INTERROGATORY NO. 24: Has Defendant or any of its corporate predecessors ever sold asbestos or asbestos-containing products to Keystone Steel & Wire or shipped or delivered asbestos or asbestos-containing products to Keystone Steel & Wire, Bartonville, Illinois? If so, state the details of each such sale, shipment or delivery. -14- 9H3572DIA.01 CPL/cla ANSWER: This defendant never sold raw asbestos. In addition, U.S. Gypsum does not possess any records maintained in the normal course of business which identify who the ultimate user of the product was or where it was installed. With that limitation, U.S. Gypsum responds as follows: Prior to 1966, U.S. Gypsum sold its construction products, some of which may have contained small amounts of asbestos, exclusively through independent dealers. Beginning in about 1966, U.S. Gypsum sold its construction products either directly to independent contractors, independent distributors or, as had previously been the custom through independent dealers. This defendant has no sales records for the years prior to 1965, other than records of gross sales of individual products by plant. Sales records thereafter are contained in computer printouts. Records of products which the plaintiff can establish were relevant to the subject matter of this lawsuit will be made available for inspection at a mutually convenient time at 125 South Franklin Street, Chicago, IL 60606, pursuant to a properly filed request to produce. INTERROGATORY NO. 25: List the names and addresses of all other persons (other than persons heretofore listed) who have knowledge of the facts of the occurrence and/or of the HEYLROYSTER VOELKER &ALLEN injuries and damages claimed to have resulted therefrom. ISC Form Int. 25. ANSWER: Unknown at this time. Discovery continues. Suite IUW Hank One Building 124 S.VV. Adams Street I'eoria, Illinois (illiO'J Fax CRW) l>7tv:W71 CUM)) 07tV0100 -15- 9H3572DIA.01 CPL/cla INTERROGATORY NO. 26: Identify any statements, information and/or documents known to you and requested by any of the foregoing interrogatories which you claim to be work product or subject to any common law or statutory privilege, and with respect to each interrogatory, specify the legal basis for the claim as required by Illinois Supreme Court Rule 201(n). ISC Form Int. 26. ANSWER: Objection -- overbroad, immaterial and vague. Further, this interrogatory is not designed to lead to the discovery of admissible and relevant evidence. heylroyster VOELKER &ALLEN Suite >00 Bank One HuiMing I`2*1 S.\V. Attain* Street Peoria. Illinot* 0100*2 Fax (SOU) l>7tV3374 CUM)) 07W> IDO -16- STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) VERIFICATION I, P. Monzella, declare: I am the Director, Analytical Services, of United States Gypsum Company, one of the above named defendants, and am authorized to make this verification for and on behalfof said company; I have read the foregoing Answers, Objections, and other Responses to Plaintiffs' Interrogatories and am informed and believe that the same is true and on that ground allege that the matters therein stated are true. I declare, under penalty of peijury, that the foregoing is true and correct, and that this declaration was executed on (ofry^ %__________in Chicago, Illinois. Subscribed and sworn to before me this day of , 1996. : OFFICIAL SEAL : SANDRA D. ZANG NOTARY PUBLIC. STATE OF ILLINOIS MY COMMISSION EXPIRES 5-13-2000 9H3572DIA.01 CPL/cla PROOF OF SERVICE The undersigned certifies that a copy of the foregoing instrument was served upon the attorneys of record of all parties to the above cause by enclosing the same in an envelope addressed to such attorneys at their business address as disclosed by the pleadings of record herein, with postage fully prepaid, and by depositing said envelope in a U.S. Post Office Box in Peoria, Illinois, on the day of October, 1996. See attached list. HEYLROYSTER VOELKER &ALLEN Suite l>0 Hank One lluildin# 1*2-1 S.W. Adams Street Peoria, Illinois filliO'J Fax (.`RXM (>7(Kmoo February 1, 1989 EXHIBIT 1 Plant Clinics and Medical Personnel Retained/Consulted 1930-1976 Schedule N Oakfield, New York R. C. Warn, M.D. J. Diasio, M.D. Chamblee,...Georgia H. M. Schreeder, M.D. W. C. McGraw, M.D. Greenville, Mississippi J. B. Hirsch, Sr., M.D. 0. Beck, M.D. J. B. Hirsch, Jr., M.D. Corsiciana, Texas A. L. Grizzafi, M.D. ft Dallas, Texas Launey Medical & Surgical Clinic D. G. Launey, M.D. S. L. Gilbert, M.D. F. C. Atkinson, M.D. R. F. Duchouquette, M.D. W. D. Stevenson, M.D. D. H. Waddell, M.D. R. R. Henry, M.D. Z. L. Dameron, M.D. W. D. Lee, M.D. A. H. Teddle, M.D. Trinity Medical Clinic Janksonville, Florida J. H. Mitchell, M.D. J. L. Mitchell, M.D. 1 J. A. Soyars, M.D. P. W. Cowherd, M.D. Sweetwater,r Texas C. A. Rosebrough, M A. H. Fortner, M.D. S. A. Loeb, M.D. J. K. Richardson, M T. D. Young, M.D. F. Hood, M.D. R. L. Price, M.D. Detroit^.__Michigan R. L. St. Louis, M.: K. Hergt, M.D. Faat Chicago.__Indiana R. J. Liehr, M.D. F. F. Boys, M.D. F. A. Benchik, M.D. G. A. Thegze, M.D. J. Demkowicz, R.N. Fqjrt Dodge , Iowa Fort Dodge Medical Center T. J. Michelfelder, 1M.D. C. L. Dagle, M.D. M. E. Kraushaar, M.D J. J. Landhuis, M.D. G. L. LeValley, M.D. J. W. Rathke, M.D. R. H. Brandt, M.D. J. R. Kersten, M.D. W. C. Robb, M.D. H. H. Kersten, M.D. R. E. Woodard, M.D. 2 Gypsum,__Ohio C. J. Yeisley, M.D. A. J. Miessner, M.D. P. Hughes, M.D. K. Ritter, M.D. K. Akins, M.D. M. Jennings, R.N. Shoals,__Indiana E. B. Lett, M.D. R. E. Chattin, M.D. Empire, Nevada Sparks Medical Clinic J. M. Watson, M.D. M. Raymond, M.D. J. C. Kelly, M.D. F. C. Stokes, M.D. ' Torrance,__California P. Casey, M.D. J. Anable, M.D. Dr. Cook South Gate, California f` H. Caesar, M.D. Family Medical Clinic (Various physicians. Firestone Medical Group (Various physicians. Names unavailable.) Names unavailable.) Tacoma, Washington B. Archer, M.D. Walworth, Wisconsin D. R. Hansen, M.D. I. J. Bruhn, M.D. J. A. Carroll, M.D. A. C. Sapida, M.D. Walworth Family Medical Center 3 Boston, Massachusetts V. Rubin, M.D. E. Staffier, M.D. A. C. Leavitt, M.D. Sullivan Square American Mutual Insurance Clinic Massachusetts General Hospital Clark, New Jersey C. T. Decker, M.D. F. B. Nelson, M.D. C. F. Dent, M.D. E. E. Goe, M.D. S. Wexler, M.D. Qakmont, Pennsylvania C. E. Piper, M.D. F.-W. Nicklas, M.D. H. Hagan, M.D. Citizens General Hospital Franklin Park,__Illinois Northwest Medical Clinic LTD. L. Devira, M.D. Franklin Park Medical Center V. Oelrich, R.N. Rosemont,__Illinois O'Hare Industrial Clinic Fahey Medical Center Rush Presbyterian - St. Lukes Occupational Health Center Galena Park,__Illinois J. Nichols, M.D. Deaton Clinic 4 Sigurd, Utah T. D. Bard, M.D. R. E. Noyes, M.D. R. N. Malouf, M.D. J. G. McGuarrie, M.D. G. A. Buchanan, M.D. J. B. Cluff, M.D. Genoa,Ohio E. D. Schuiteman Norfolk , Virginia E. R. Altizer, M.D. W. H. Whitmore, M.D. G. A. Duncan, M.D. F. Walter, M.D. A. A. Burke, M.D. R.- -L. Payne, M.D. J. L. Rosenthal, M.D. P. B. Parsons, M.D. J. Sakakini, M.D. K. Jones, M.D. V. H. Ober, M.D. Dr . Albanese J- Foster, M.D. G. G. Hollins, M.D. Dr . Labstein J. M. Ratliff, M.D. J. A. Vann, M.D. C. B. Trower, M.D. R. W. Adams, M.D. R. R. Powell, M.D. C. Pole, M.D. G. A. Duncan, M.D. D. E. Pryor, M.D. E. A. Buchan, M.D. Dr . Kuehn Santa Fe Springs .__California J. W. Raber, M.D. Raber Industrial Medical Group 5 N. Bateman, M.D. Storey Point, New York Dr. Borsinger Dr. Natelson Dr. Zuka - Nyack Hospital Sperry,__Iowa H. M. Patterson, D.O. J. F. Roules, M.D. Burlington Medical Center Wabaah.,__Indiana F. Whistler, M.D. R. M. LaSalle, Jr., M.D. R.-M. LaSalle, Sr., M.D. R. M. LaSalle, M.D. W. D. Boaz, M.D. P. Ferguson, M.D. F. Smyrniotis, M.D. J. E. Haughn, M.D. LaSalle Clinic' vt Balimore, Maryland C. C. Chiu, M.D. F. G. Mainolfi, M.D. Fort Medical Center North Kansas City,_ Missouri Industrial Clinic North Fairfax Industrial Medical Clinic New Orleans, Louisiana B. Pardue, M.D. J. Dean, M.D. Downman Road Clinic Southard,__Oklahoma R. Richardson, R. Kirby, M.D. T. Perry, M.D. M.D. 6 Southard, Oklahoma continued R. Tavlin, M.D. K. Godfrey, M.D. R. McLauchlin, M.D. M. Carter, M.D. C. H. Williams, M.D. B. D. Dotter, M.D. F. Crowe, M.D. D. Lagan, M.D. G. Worchester, M.D. Warren,.. Ohio R. Willoughby, M.D. Birmingham,__Alabama Thuss Clinic W. G. Thuss, M.D. R;- J. Smith, M.D. Union City, Tennessee J. H. Ragsdale, M.D. R. E. Clendenin, M.D. R. G. Latimer, M.D. J. K. Avery, M.D. L. W. Jones, M.D. H. Butler, M.D. J. Campbell, M.D. Doctor's Clinic of Union City Alabaster, Michigan J. J. Austin, M.D. H. Brinkman, M.D. M. E. Field, M.D. J. R. Gehman, M.D. J. W. Grigg, M.D. M. Gueramy, M.D. H. R. Hess, O.D. J. E. Jaques, M.D. L. Kelley, M.D. V. W. Kershul, M.D. L. A. Lambert, M.D. L. A. Laporte, M.D. 0. W. Mitton, M.D. 7 Alabaster, Michigan continued R. Morin, M.D. N. Payea, M.D. R. J. Ruda, M.D. G. L. Schaiberger, M.D. J. M. Schuele, M.D. R. L. Sutton, M.D. Z. E. Taheri, M.D. W. Williams, M.D. Kearny, New Jersey Plant closed J. Borino, M.D. J. Grund Fest, M.D. Boonton, New Jersey Acquired 1985 Camden, New Jersey Plant closed A. Marks, M.D. Occupation Health Services Trenton, New Jersey Plant closed P. Albert, M.D. Helene Fuld Medical Center Paulsboro, New Jersey Acquired 11/30/87 New Brighton, New York Plant closed H. Crane, M.D. F. Tellefsen, M.D. E. Morris, M.D. Saint Vincent's Hospital Staten Island Hospital Port Reading, New. Jersey Acquired 6/76 8 Fremont, California Acquired 1983 Philadelphia, Pennsylvania Plant sold Conyers, Georgia Acquired 12/10/80 Mansfield, Texas Acquired 8/81 Spruce Pine Acquired 5/12/79 LaMirada, California Acquired 6/81 U.S. Gypsum has no information on medical personnel for the plants at Jersey City, NJ; St. Paul, MN; Midway, IL; South Plainfield, NJ; Midland, CA; Heath, MT; Loveland, CO; Milwaukee, WI; Nephi, UT; and Philadelphia, PA, which are now closed. In addition, no record information is available for Plaster City, CA. U.S. Gypsum has no information for the planji at Red Wing, for years prior to 1985. U.S. Gypsum owned Red Wing in the mid-1960's prior to selling the plant to Conwed Corporation, and USG Acoustical Products, Company (now USG Interiors, Inc.) reacquired the facility in late 1985. 9 EXHIBIT 2 United States Gypsum Company has been aware since the mid-1930's that inhalation of large quantities of asbestos fibecs for long periods of time could produce a pneumoconiotic lung condition known as asbestosis. United States Gypsum Company is presently unaware of specifically now it acquired this knowledge. United States Gypsum Company is not aware of precisely when it first knew of the relationship between the inhalation of asbestos fibers and the development of bronchogenic carcinoma, except that it does know that one of its employees. E. C. Beuthin. United States Gypsum Company's first Safety Director, has stated in his deposition that he attended a conference in 1955, at which papers discussing this relationship were ~ presented. Documents produced in other litigation pertaining to this issue have cotae to U. S. Gypsum's attention. These documents were produced by other parties; U. s. Gypsum has not found them in its own files and can make no representations concerning the origin or authenticity of those documents. The documents suggest that in approximately October 1948. U. S. Gypsum may have received a draft report concerning inhalation experiments on laboratory animals exposed to high levels of asbestos dust. It was reported that some of the animals developed lesions described variously as lung cancer and non-malignant adenomas. U. S. Gypsum believes that these are the same experimental results reported to the National Cancer Institute by Dr. L. U. Gardner in 1943 and Dr. Kenneth M. Lynch in 1947 and referred to by Dcs. Lynch. Mclvec and Cain in their 1956 published acticle, "Pulmonary Tumors In Mice Exposed To Asbestos Dust," 15 A.M.A. Archives of Industrial Health 207 (March 1957), which was received for publication in 1956. United States Gypsum Company is now aware that the first published study which established a direct association between the inhalation of asbestos fibers and the development of mesothelioma was the 1960 epidemiological study entitled "Diffuse Pleural Mesothelioma and Asbestos Exposure in the North Western Cape Province" by J. C. Wagner, et al.. which described mesothelioma occurrence among persons exposed to crocidolite. at or near crocidolite mines in South Africa. United States Gypsum Company is not aware of precisely when it first knew of the relationship between the inhalation of asbestos fibers and the development of mesothelioma, except that it believes that the first employee to become aware of this association was G. R. Krug, one of united States Gypsum Company's former Safety Directors. Mr. Krug has testified that he first became aware in the early to mid-1960's of the association between exposure to asbestos fibers and the development of mesothelioma in asbestos miners, as a result of reading articles in newspapers and magazines. Page 2 of 2 EXHIBIT 3 RE.SP9NSS U.S. Gypsum utilized warnings to applicators consistent with OSHA guidelines on its joint treatment products beginning in 1972, on texture products beginning in 1973, and on certain industrial plaster products in 1975. The language of the warning was as follows: "Caution: Contains Asbestos Fibers. Avoid Creating Dust. Breathing Asbestos Dust May Cause Serious Bodily Harm" In 1974, the above warning was modified by. adding the following on joint compound products: "Observe the following precautions: Wet sanding or sponging finished joints is recommended rather than dry sanding. to avoid - creating dust. If dry sanding, mixing, or otherwise working in a dusty atmosphere containing this material, ventilate, use dust collector, or wear eye protection and a respirator approved by the Bureau of Mines or NIOSH, to remove nuisance dust." Concerning SprayDon, a product sold and distributed by Sprayon Research Corporation, manufactured by U.S. Gypsum according to Sprayon's specifications, the following appeared on SprayDon bags in approximately June, 1966. "Contains Asbestos" years. The following appeared on SprayDon in subsequent "Caution: This product contains asbestos." (1968) "Caution: This product contains asbestos which . may be harmful to lungs if inhaled." (1969) Concerning Super-tite Wet Patch, an adhesive manufactured by W.W. Henry Company and resold by U.S. Gypsum, the following appeared on the label for this product after 1972: Contents Asphalt Petroleum Spirits Asbestos Fiber U.S. Gypsum presently believes that during the period 1969 - 1973, asbestos was listed as a separate ingredient on packaging for its texture product, Imperial QT. Investigation continuing. 9 H 3572 DIA.04 CPL/amr IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT OF ILLINOIS COUNTY OF PEORIA BEVERLY FOGLIANO, Individually and as Special Administrator of the Estate of Bernard Fogliano, deceased. Plaintiffs, vs. LAW NO. 96 L 153 ABEX CORPORATION, et al. , Defendants. ) AMENDED ANSWERS TO INTERROGATORIES NOW COMES the defendant, UNITED STATES GYPSUM COMPANY, by HEYL, ROYSTER, VOELKER & ALLEN, its attorneys, and for amended answer to the Interrogatories previously propounded to defendant by the plaintiff, BEVERLY FOGLIANO, Individually and as Special Administrator of the Estate of Bernard Fogliano, Deceased, states as follows: PREFATORY STATEMENT United States Gypsum Company (hereinafter "U.S. Gypsum") has, to the best of its abilities, gathered non-privileged documents into a document repository for inspection by plaintiffs' counsel in response to requests for production served in asbestos litigation. These documents provide information that supplements and expands upon that provided in these Answers to Interrogatories. Accordingly, by way of heylroyster VOELKER &ALLEN further response to these Interrogatories, U.S. Gypsum hereby offers to make available these documents at a mutually Suite 600 Bank One Building 124 S.W. Adams Street Peoria, Illinois 61602 Fax (309) 676-3374 (309) 6764)400 JUL ^97#!  9 H 3572 DIA. 04 CPL/amr convenient time at its offices at 125 S. Franklin Street, Chicago, Illinois. In giving its response to Interrogatories as to asbestos-containing products, U.S. Gypsum refers to products containing commercial asbestos as part of their formulation and to the type of commercial asbestos used as part of the formulation. OBJECTIONS U.S. Gypsum objects to the manner in which plaintiff has defined U.S. Gypsum to the extent that plaintiff purports to include in its definition of U.S. Gypsum predecessors-in- interest, subsidiaries, and successors-in-interest of the corporate defendant. In that U.S. Gypsum Company is named defendant, this definition is overly broad and would require U.S. Gypsum to engage in unduly burdensome research, divulge privileged information and produce privileged documents. This defendant. United States Gypsum Company, responds to these Interrogatories on behalf of itself. U.S. Gypsum further objects to these Interrogatories to the extent they seek information or documents protected by the attorney-client privilege and the work product rule and to the extent they seek trial preparation or expert materials or documents. Finally, U.S. Gypsum objects to these Interrogatories to HEYLROYSTER VOELKER &ALLEN A Suite 600 Bank One Building 124 S.W. Adams Street Peoria, Illinois 61602 Fax (309) 676-3374 (309) 676-0400 the extent they ask for "identification" of voluminous documents on the ground that they are overly broad, unduly burdensome and not reasonably calculated to lead to the -2- 9 H 3572 DIA.04 CPL/amr discovery of admissible evidence. As set forth infra. U.S. Gypsum will produce documents which are the proper subjects of an appropriate document request. ANSWERS TO INTERROGATORIES INTERROGATORY NO. 11: State the following about each current employee of Defendant who has a medical degree: name, business address, job title, and whether the person completed a residency in either public health or occupational medicine. ANSWER: U.S. Gypsum's Chief Medical Officers: C.A. Hedblom, M.D., 101 South Wacker Drive, Chicago, Illinois, 1974 to 08/31/89 (retired); W. Highstone, M.D., 1939 to 1974 (deceased). In addition, U.S. Gypsum retained or consulted "outside doctors" who provided services to its employees. See attached Exhibit No. 1. The Medical Director operated a medical facility in Company general offices; conducted and managed a medical program; and furnished counsel as required to assure the health and well being of Company employees. Medical Director reported to the Vice President of Personnel. With respect to whether or not these individuals completed a residency in public health or occupational medicine, non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. HEYLROYSTER VOELKER &ALLEN INTERROGATORY NO. 15: Have there been any studies of the effect of asbestos upon the health of any of Defendant's employees? If so, state: Suite 600 Bank One Building 124 S.W. Adams Street Peoria, Illinois 61602 Fax (309) 676-3374 (309) 676-0400 -3- 9 H 3572 DIA.04 CPL/amr (a) the description or title of the study; (b) the dates during which it was made; (c) the location or locations of the plants at which the employees were employed; (d) the number of employees studied; (e) brief description of the study; (f) whether any of the results were reported into written form, and if so, who now has a copy of the report. ANSWER: Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. INTERROGATORY NO. 16: Have there been any instances where asbestos was a cause of mesothelioma in man? ANSWER: See attached Exhibit No. 2. INTERROGATORY NO. 17: How much asbestos is necessary to cause mesothelioma? ANSWER: See attached Exhibit No. 2. INTERROGATORY NO. 18: What is the maximum amount of asbestos to which an individual can be exposed without increasing the risk that the individual will contract mesothelioma? ANSWER: See attached Exhibit No. 2. INTERROGATORY NO. 22: If your response to any heylroyster VOELKER &ALLEN interrogatory is an objection that it was burdensome, state the name, address and position of the person most knowledgeable about the effort that would be required to answer the Suite 600 Bank One Building 124 S.W. Adams Street Peoria, Illinois 61602 Fax (309) 676-3374 (309) 676-0400 9 H 3572 DIA.04 CPL/amr interrogatory and the estimate of that person regarding the man-hours that would be required to answer the interrogatory. ANSWER: Not applicable. INTERROGATORY NO. 23: Has any employee, agent or representative of Defendant (or any of its corporate predecessors) ever been physically present at the premises of Keystone Steel & Wire in Bartonville, Illinois? If so, state the name, current address, and date(s) of visit for each such person. ANSWER: Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. INTERROGATORY NO. 24: Has Defendant or any of its corporate predecessors ever sold asbestos or asbestos- containing products to Keystone Steel & Wire or shipped or delivered asbestos or asbestos-containing products to Keystone Steel & Wire, Bartonville, Illinois? If so, state the details of each such sale, shipment or delivery. ANSWER: This defendant never sold raw asbestos. In addition, U.S. Gypsum does not possess any records maintained in the normal course of business which identify who the ultimate user of the product was or where it was installed. With that limitation, U.S. Gypsum responds as Heylroyster VOELKER &ALLEN follows: Prior to 1966, U.S. Gypsum sold its construction products, some of which may have contained small amounts of asbestos, exclusively through independent dealers. Beginning Suite 600 Bank One Building 124 S.W. Adams Street Peoria, Illinois 61602 Fax (309) 676-3374 (309) 6764)400 -5- 9 H 3572 DIA.04 CPL/amr in about 1966, U.S. Gypsum sold its construction products either directly to independent contractors, independent distributors or, as had previously been the custom, through independent dealers. This defendant has no sales records for the years prior to 1965, other than records of gross sales of individual products by plant. Sales records thereafter are contained in computer printouts. Records of products which the plaintiff can establish were relevant to the subject matter of this lawsuit will be made available for inspection at a mutually convenient time at 125 South Franklin Street, Chicago, IL 60606, pursuant to a properly filed request to produce. Other non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, Illinois. INTERROGATORY NO. 26: Identify any statements, information and/or documents known to you and requested by any of the foregoing interrogatories which you claim to be work product or subject to any common law or statutory privilege, and with respect to each interrogatory, specify the legal basis for the claim as required by Illinois Supreme Court Rule 201(n). ISC Form Int. 26. ANSWER: None. HeylRoyster VOELKER &ALLEN Suite 600 Bank One Building 124 S.W. Adams Street Peoria, Illinois 61602 Fax (309) 676-3374 (309) 676-0400 -6- 9 H 3572 DIA. 04 CPL/amr PROOF OF SERVICE The undersigned certifies that a copy of the foregoing instrument was served upon the attorneys of record of all parties to the above cause by enclosing the same in an envelope addressed to such attorneys at their business address as disclosed by the pleadings of record herein, with postage fully prepaid, and by depositing said envelope in a U.S. Post Office Box in Peoria, Illinois, on the day of July, 1997. See attached list heylroyster VOELKER &ALLEN Suite 600 Bank One Building 124 S.W. Adams Street Peoria, Illinois 61602 Fax (309) 676-3374 (309) 676-0400 February 1, 1989 Plant Clinics and Medical Personnel Retained/Consulted 133-Q .-19..1 Schedule N ,.._Ne_Xoxk R. C. Warn, M.D. J. Diasio, M.D. H. M. Schreeder, M.D. W. C. McGraw, M.D. flreenvi lie,__MiSBiaaippi J. B. Hirsch, Sr. , M.D. o. Beck, M.D. J. B. Hirsch, Jr. , M.D. A. L. Grizzafi, M.D. Launey Medical & Surgical Clinic D. G. Launey, M.D. S. L. Gilbert, M.D. F. C. Atkinson, M.D. R. F. Duchouquette, M.D. W. D. Stevenson, M.D. D. H. Waddell, M.D. R. R. Henry, M.D. Z. L. Dameron, M.D. W. D. Lee, M.D. A. H. Teddle, M.D. Trinity Medical Clinic Jacksonville , Florida J, H. Mitchell, M.D. J. L. Mitchell, M.D. 1 J. A. Soyara, M.D. P. W. Cowherd, M.D. SMja.erwa.tBr.,__Texas C. A. Rosebrough, M.D. A. H. Fortner, M.D. S. A. Loeb, M.D. J. K. Richardson, M.D. T. D. Young, M.D. F. Hood, M.D. R. L. Price, M.D. De.txo.it., Michigan R. L. St. Louis, K. Hergt, M.D. M.D. East Chirago r Indiana R. J. Liehr, M.D. F. F. Boya, M.D. F. A. Benchik, M.D. G. A. Thegze, M.D. J. Demkowicz, R.N. Far.t_Dodg.e-*. -Iowa Fort Dodge Medical Center T. J. Michelfelder, M.D C. L. Dagle, M.D. M. E. Kraushaar, M.D. J. J. Landhuis, M.D. G. L. LeValley, M.D. J. W. Rathke, M.D. R. H. Brandt, M.D. J. R. Kersten, M.D. W. C. Robb, M.D. H. H. Keraten, M.D. R. E. Woodard, M.D. C. J. Yeisley, M.D. A. J. Miessner, M.D. P. Hughes, M.D. K. Ritter, M.D. K. Akins, M.D. M. Jennings, R.N. E. B. Lett, M.D, R. E. Chattin, M.D. Sparks Medical Clinic J. M- Watson, M.D. M. Raymond, M.D. J. C. Kelly, M.D. F. C. Stokes, M.D. Torrance, P. Casey, M.D. J. Anable, M.D. Dr. Cook South Cate, California H. Caesar, M.D. Family Medical Clinic (Various physicians. Firestone Medical Group (Various physicians. Names unavailable.) Names unavailable.) Tacoma, Washington B. Archer, M.D. Malwor.th., Wisconsin D. R. Hansen, M.D. I. J. Bruhn, M.D. J. A. Carroll, M.D. A. C. Sapida, M.D. Walworth Family Medical Center 3 Boat-on r Magaarhuaetta V. Rubin, M.D. E. Staffier, M.D. A. C. Leavitt, M.D. Sullivan Square American Mutual Insurance Clinic Massachusetts General Hospital C. T. Decker, M.D. F. B. Nelson, M.D. C. F. Dent, M.D. E. E. Goe, M.D. S. Wexler, M.D. Oakmonf. r Pennsylvania C. E. Piper, M.D. F. W. Nicklas, M.D. H. Hagan, M.D. Citizens General Hospital Northwest Medical Clinic LTD. L. Devira, M.D. Franklin Park Medical Center V. Oelrich, R.N. Bnspmnnt- . Tllino-ia 0'Hare Industrial Clinic Fahey Medical Center Rush Presbyterian - St. Lukes Occupational Health Center Galena .Park., IllinOLlB J. Nichols, M.D. Deaton Clinic 4 T. D. Bard, M.D. R- E. Noyes, M.D. R. N. Malouf, M.D. J. G. McGuarrie, M.D. G. A. Buchanan, M.D. J. B. Cluff, M.D. Gcnaa^Qhio E. D. Schuiteman Norfolk. Virginia E. R. Altizer, M.D. W, H. Whitmore, M.D G. A. Duncan, M.D. F. Walter, M.D. A. A. Burke, M.D. R. L. Payne, M.D. J. L. Rosenthal, M.: P. B. Parsons, M.D. J. Sakakini, M.D. K. Jones, M.D. V. H. Ober, M.D. Dr. Albanese J. Foster, M.D. G. G. Hollins, M.D. Dr. Labstein J. M. Ratliff, M.D. J. A. Vann, M.D. C. B. Trover, M.D. R. W. Adams, M.D. R. R. Powell, M.D. C. Pole, M.D. G. A. Duncan, M.D. D. E. Pryor, M.D. E. A. Buchan, M.D. Dr. Kuehn J. W. Raber, M.D. Raber Industrial Medical Group 5 Morrow,,__Georgia N. Bateman, M.D. Srnny Point, New York Dr. Borsinger Dr. Natelson Dr. Zuka Nyack Hospital Sperry^__lawa H. M. Patterson, D.O. J. F. Roules, M.D. Burlington Medical Center w^^aah,__Indiana F. Whistler, M.D. R. M. LaSalle, Jr., M.D. R. M. LaSalle, Sr., M.D. R. M. LaSalle, M.D. W. D. Boaz, M.D. P. Ferguson, M.D. F. Smyrniotis, M.D. J. E. Haughn, M.D. LaSalle Clinic Ralimnrft, Maryland C. C. Chiu, M.D. F. G. Mainolfi, M.D. Fort Medical Center Industrial Clinic North Fairfax Industrial Medical Clinic nana B. Pardue, M.D. J. Dean, M.D. Downman Road Clinic Southard.__Oklahoma R. Richardson, R. Kirby, M.D. Perry, M.D. M.D. 6 R. Tavlin, M.D. K. Godfrey, M.D. R. McLauchlin, M.D. M. Carter, M.D. C. H. Williams, M.D. B. D. Dotter, M.D. F. Crowe, M.D. D. Lagan, M.D. G. Worchester, M.D. Harreir,--Ohio. R. Willoughby, M.D. Birmingham^--Alabama Thuss Clinic W. G. Thuss, M.D. R. J. Smith, M.D. Tennessee J. H. Ragsdale, M.D. R. E. Clendenin, M.D. R. G. Latimer, M.D. J. K. Avery, M.D. L. W. Jones, M.D. H. Butler, M.D. J. Campbell, M.D. Doctor's Clinic of Union City J. J. Austin, M.D. H. Brinkman, M.D. M. E. Field, M.D. J. R. Gehman, M.D. J. W. Grigg, M.D. M. Gueramy, M.D. H. R. Hess, O.D. J. E. Jaques, M.D. L. Kelley, M.D. V. W. Kershul, M.D. L. A. Lambert, M.D. L. A. Laporte, M.D. 0. W. Mitton, M.D. 7 Alabaster , Miohigan continued R. Morin, M.D. N. Payea, M.D. R. J. Ruda, M.D. G. L. Schaiberger, M.D. J. M. Schuele, M.D. R. L. Sutton, M.D. 2. E. Taheri, M.D. W. Williams, M.D. Kearny f New Jersey Plant closed J. Borino, M.D. J. Grund Fest, M.D. Boonton,__N.e.w ..Jersey Acquired 1985 Plant closed A. Marks, M.D. Occupation Health Services Trenton, New Jersey Plant closed P. Albert, M.D. Helene Fuld Medical Center Acquired 11/30/87 New Brighton, Naw_York Plant closed H. Crane, M.D. F. Tellefsen, M.D. E. Morris, M.D. Saint Vincent's Hospital Staten Island Hospital Port Reading, New Jersey Acquired 6/76 8 Fremont f California Acquired 1983 Philadelptvi a , Pennaylvania Plant sold Acquired 12/10/80 Mansfield, Texas Acquired 8/81 S.p.nx.ce_Pine Acquired 5/12/79 LaMiradar California Acquired 6/81 U.S. Gypsum has no information on medical personnel for the plants at Jersey City, NJ; St. Paul, MN; Midway, IL; South Plainfield, NJ; Midland, CA; Heath, MT; Loveland, CO; Milwaukee, WI; Nephi, UT; and Philadelphia, PA, which are now closed. In addition, no record information is available for Plaster City, CA. U.S. Gypsum has no information for the plant at Red Wing, for years prior to 1985. U.S. Gypsum owned Red Wing in the mid-1960's prior to selling the plant to Conwed Corporation, and USG Acoustical Products, Company {now USG Interiors, Inc.) reacquired the facility in late 1985. 9 United States Gypsum Company has been aware since the mid-1930's that inhalation of large quantities of asbestos fibers for long periods of time could produce a pneumoconiotic lung condition known as asbestosis. United States Gypsum Company is presently unaware of specifically now it acquired this knowledge. United States Gypsum Company is not aware of precisely when it first knew of the relationship between the inhalation of asbestos fibers and the development of bronchogenic carcinoma, except that it does know that one of its employees, E. C. Beuthin, United States Gypsum Company's first Safety Director, has stated in his deposition that he attended a conference in 1955. at which papers discussing this relationship were presented. Documents produced in other litigation pertaining to this issue have come to U. S. Gypsum's attention. These documents were produced by other parties: U. S. Gypsum has not found them in its own files and can make no representations concerning the origin or authenticity of those documents. The documents suggest that in approximately October 1946, U. S. Gypsum may have received a draft report concerning inhalation experiments on laboratory animals exposed to high levels of asbestos dust. It was reported that some of the animals developed lesions described variously as lung cancer and non-malignant adenomas. U. S. Gypsum believes that these are the same experimental results reported to the National Cancer Institute by Dr. L. U. Gardner in 1943 and Dr. Kenneth M. Lynch in 1947 and referred to by Drs. Lynch. Mclvec and Cain in their 1956 published article, "Pulmonary Tumors In Mice Exposed To Asbestos Dust," 15 A.M.A. Archives of Industrial Health 207 (March 1957). which was received for publication in 1956. United States Gypsum Company is now aware that the first published study which established a direct association between the inhalation of asbestos fibers and the development of mesothelioma was the 1960 epidemiological 6tudy entitled "Diffuse Pleural Mesothelioma and Asbestos Exposure in the North Western Cape Province" by J. C. Wagner, et al., which described mesothelioma occurrence among persons exposed to crocidolite, at or near crocidolite mines in South Africa. United States Gypsum Company is not aware of precisely when it first knew of the relationship between the inhalation of asbestos fibers and the development of mesothelioma, except that it believes that the first employee to become aware of this association was G. R. Krug, one of United States Gypsum Company's former Safety Directors. Mr. Krug has testified that he first became aware in the early to mid-1960's of the association between exposure to asbestos fibers and the development of mesothelioma in asbestos miners, as a result of reading articles in newspapers and magazines. Paoe 2 of 2 9 H 3572 BEVERLY FOGLIANO, Individually, and as Special Administrator of the Estate of BERNARD FOGLIANO, Deceased. IN THE CIRCUIT COURT OF TENTH JUDICIAL CIRCUIT PEORIA COUNTY Law No. 96 L 153 ATTORNEYS FOR PLAINTIFFS James Walker, Ltd. 207 W. Jefferson St. P.O. Box 3455 Bloomington, IL 61702-3455 ATTORNEYS FOR ABEX CORPORATION, ABEX, INC., AMERICAN BRAKE SHOE COMPANY, PNEUMO ABEX CORPORATION Robert W. Scott Swain, Hartshorn & Scott 411 Hamilton Blvd., Suite Peoria, IL 61602-1104 1806 ATTORNEYS FOR METROPOLITAN LIFE INSURANCE COMPANY Mark E. Rakoczy Skadden, Arps, Slate, Meagher & Flom 333 W. Wacker Dr., Suite 2100 Chicago, IL 60606 ATTORNEYS FOR E.D. BULLARD COMPANY, MAGID MFG. CO., INC., SAGER CORPORATION, STANDARD INDUSTRIAL PRODUCTS COMPANY and DRESSER INDUSTRIES, INC. James R. Carter Carter & Grimsley 416 Main Street, 15th Floor Peoria, IL 61602 ATTORNEYS FOR PITTSBURGH CORNING CORPORATION Polsinelli, White, Vardeman & Shalton Plaza Steppes Building 700 W. 47th St., Suite 1000 . Kansas City, MO 64112-1802 ATTORNEYS FOR OWENS-CORNING FIBERLGAS CORPORATION Stephen R. Kaufmann Sorling, Northrup, Hanna, Cullen and Cochran, Ltd. 607 East Adams Street, Suite P. O. Box 5131 Springfield, IL 62705 800 9 H 3572 BEVERLY FOGLIANO, Individually and as Special Administrator of the Estate of BERNARD FOGLIANO, Deceased ATTORNEYS FOR STEEL GRIP, INC. David R. Quade Diver, Grach, Quade & Masini 111 N. County St. Waukegan, IL 60085 ATTORNEYS FOR A.P. GREEN INDUSTRIES, INC. and UNITED STATES GYPSUM COMPANY Christopher P. Larson Heyl, Royster, Voelker & Allen 124 S.W. Adams, Suite 600 Peoria, IL 61602 ATTORNEYS FOR A&M INSULATION CO. Edward J. Matushek, III Haskell & Perrin 200 W. Adams St., Suite Chicago, IL 60606 2600 Gregory C. Knapp Attorney at Law 1952 S. Main St. P.O. Box 205 Eureka, IL 61530 ATTORNEYS FOR SPRINKMANN SONS CORP. OF ILLINOIS Cathy Molchin Schmidt & Molchin, P.C. 411 Hamilton Blvd., Suite Peoria, IL 61602 1518 ATTORNEYS FOR CHICAGO FIRE BRICK COMPANY William J. Mahoney Segal, McCambridge, Singer & Mahoney 20 S. Clark St. - Suite 700 Two First National Plaza Chicago, IL 60603 ATTORNEYS FOR KAISER ALUMINUM & CHEMICAL CORP., NORTH AMERICAN REFRACTORIES COMPANY CHARTER, pic, and NATIONAL REFRACTORIES & MINERALS CORPORATION Wildman, Harrold, Allen & Dixon 225 W. Wacker Drive, Suite 3000 Chicago, IL 60606-1229 2 9 H 3572 . BEVERLY FOGLIANO, Individually and as Special Administrator of the Estate of BERNARD FOGLIANO, Deceased ATTORNEYS FOR RAYMARK INDUSTRIES, INC. Stephen J. Roth Giffin, Winning, Cohen & Bodewes, 1 West Old State Capitol Plaza Myers Building, Suite 600 Springfield, IL 62701 P.C. ATTORNEYS FOR W.R. GRACE -- CONN. Patrick J. Lamb Kirk T. Hartley Katten, Muchin & Zavis 525 W. Monroe, Suite 1600 Chicago, IL 60661-3693 ATTORNEYS FOR COMBUSTION ENGINEERING, INC. Roland N. Litterst Litterst Law Office 331 Fulton Street, Suite 416 Peoria, IL 61602 ATTORNEYS FOR HARCROSS CHEMICALS, INC. Eric L. Samore Querrey & Harrow, Ltd. 180 North Stetson Avenue, Chicago, IL 60601-6791 . Suite 3500 ATTORNEYS FOR THERMIC REFRACTORIES, INC. Paul T. Slocomb Brasher Law Firm 211 North Broadway, Suite St. Louis, MO 63102 2300 ATTORNEYS FOR GENERAL REFRACTORIES COMPANY Thomas J. Kernell Roberts, Perryman, Bomkamp & Meives, One Mercantile Center, Suite 2300 St. Louis, MO 63102 P.C. ATTORNEYS FOR INTERNATIONAL VERMICULITE COMPANY ATTORNEYS FOR GLOBE REFRACTORIES, INC. ATTORNEYS FOR SWANK REFRACTORIES COMPANY ATTORNEYS FOR AMERICAN BRAKE SHOE ATTORNEYS FOR GREAT LAKES CARBON CORPORATION (Vol. Dismissed) ATTORNEYS FOR ILLINOIS CENTRAL RAILROAD COMPANY (Vol/Dismissed) 3 9 H 3572 . BEVERLY FOGLIANO, Individually and as Special Administrator of the Estate of BERNARD FOGLIANO, Deceased ATTORNEYS FOR CHARTER PLC (Voluntarily Dismissed) ATTORNEYS FOR OC MERGER CORP. (Voluntarily Dismissed) ATTORNEYS FOR GREFCO, INC. (Voluntarily Dismissed) ATTORNEYS FOR CAPE INDUSTRIES PLC (Voluntarily Dismissed) ATTORNEYS FOR OWENS-ILLINOIS, INC. (Dismissed) 4 STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT COUNTY OF PEORIA BEVERLY FOGLIANO, Individually and as Special Administrator ofthe Estate of Bernard Fogliano, Deceased, Plaintiff, ) ) ) ) ) ) No. 96 L 153 v. ) ) ABEX CORPORATION, et al, ) ) ) Defendants. ) ) UNITED STATES GYPSUM COMPANY'S SECOND AMENDED RESPONSES TO PLAINTIFF'S FIRST SET OF INTERROGATORIES United States Gypsum Company (hereinafter "U.S. Gypsum") incorporates by reference the prefatory statement, objections and answers previously filed in conjunction with its responses to Plaintiffs First Set ofInterrogatories, and for its second amended responses to certain interrogatories filed by Plaintiff, states as follows: INTERROGATORY NO. 11: State the following about each current employee ofDefendant who has a medical degree: name, business address, job title, and whether the person completed a residency in either public health or occupational medicine. ANSWER: No current employee ofthis defendant has a medical degree. INTERROGATORY NO. 15: Have there been any studies of the effect ofasbestosupon the health of any of Defendant's employees? If so, state: aug i* tasrjf (a) the description or title ofthe study; (b) the dates during which it was made; (c) the location or locations ofthe plants at which the employees were employed; (d) the number of employees studied; (e) brief description ofthe study; () whether any ofthe results were reported into written form, an if so, who now has a copy ofthe report. ANSWER: No formal medical "studies" of the effect of asbestos upon the health of employees, as that term is understood by this defendant, have been conducted at this defendant's plants. However, to die extent that this interrogatory seeks data generated in industrial hygiene surveys of this defendant's plants, that included but were not limited to determining levels of asbestos and X-rays ofcertain employees, a number ofsuch surveys have been conducted, including but not limited to surveys conducted by the Saranac Laboratory at the Jersey City, New Brighton and Oakfield plants in the 1930's and 1940's, and a series ofsurveys conducted by National Loss Control Services Corporation (NATLSCO) at defendant's plants in the 1970's. Copies of reports of such surveys and other non-privileged responsive documents will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. INTERROGATORY NO. 16: Have there been any instances where asbestos was a cause of mesothelioma in man? ANSWER: This defendant lacks the scientific knowledge and medical expertise to form an expert medical opinion on this matter; however, this defendant is aware ofsuch reports in medical and scientific literature. The association between various fiber types and mesothelioma or lung cancer reported in the literature appears to differ, with crocidolite having the greatest association with mesothelioma and other fiber types a lesser association. INTERROGATORY NO. 17: How much asbestos is necessary to cause mesothelioma? ANSWER: This defendant lacks the scientific knowledge and medical expertise to form an expert medical opinion on this matter. This defendant relies on the position expressed by prominent experts that there is a minimum threshold level ofexposure to asbestos below which there is no significant risk of developing disease. This defendant is not aware of a consensus in the medical and scientific communities regarding a precise, identifiable level of exposure necessary to cause disease. The association between various fiber types and mesothelioma or lung cancer reported in the literature appears to differ, with crocidolite having the greatest association with mesothelioma and other fiber types a lesser association. INTERROGATORY NO. 18: What is the maximum amount of asbestos to which an individual can be exposed without increasing the risk that the individual will contract mesothelioma? ANSWER: This defendant relies on the position expressed by prominent experts that there is a minimum threshold level of exposure to asbestos below which there is no significant risk of developing disease. This defendant is not aware of a consensus in the medical and scientific communities regarding a precise, identifiable level of exposure necessary to cause disease. The association between various fiber types and mesothelioma or lung cancer reported in the literature appears to differ, with crocidolite having the greatest association with mesothelioma and other fiber types a lesser association. INTERROGATORY NO. 23: Has any employee, agent or representative of Defendant (or any of its corporate predecessors) ever been physically present at the premises of Keystone Steel & Wire in Bartonville, Illinois? If so, state the name, current address, and date(s) ofvisit for each such person. ANSWER: Unknown to this defendant. This defendant has reviewed its records and has located the documents attached, which indicate that it used a paper-backed Regular Keymesh Lath manufactured by Keystone Steel and Wire Company as part of a fire endurance and hose stream test conducted in 1969. This defendant is currently unable to determine how the Regular Keymesh Lath was obtained. Plaintiff is invited to review other non-privileged documents to determine if any responsive documents exist, at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. INTERROGATORY NO. 24: Has Defendant or any ofits corporate predecessors ever sold asbestos or asbestos-containing products to Keystone Steel & Wire or shipped or delivered asbestos or asbestos-containing product to Keystone Steel & Wire, Bartonville, Illinois. Ifso, state the details of each such sale, shipment or delivery. ANSWER: This defendant never sold, shipped or delivered raw asbestos to Keystone Steel & Wire in Bartonville, Illinois. This defendant has no sales records for the years prior to 1965, other than records of gross sales of individual products by plant. This defendant has searched its available sales records, beginning with 1965, and has found no record ofsales ofasbestos-containing products to Keystone Steel & Wire. Plaintiff is invited to review other non-privileged documents to determine ifany responsive documents exist, at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. WP21268 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) VERIFICATION I, P. Monzella, declare: I am the the Director, Analytical Services, ofUnited States Gypsum Company, one of the above named defendants, and am authorized to make this verification for and on behalf of said company; I have read the foregoing Second Amended Responses of United States Gypsum Company to Plaintiffs First Set ofInterrogatories and am informed and believe that the same are true and on that ground allege that the matters therein stated are true. I declare, under penalty ofpeijury, that the foregoing is true and correct, and that this declaration was executed on in Chicago, Illinois. Subscribed and sworn to before me WP21317 1 *DIRECTOR CF RESEARCH lNFCRMA r 1 C*. RETRIEVAL* Jy" Pj central file 3 I ' N : IL: n3 oisrai5jti:n eel;* NCrUK1 UNITED STATES GYPSUM RESEARCH CENTER Fire Testing I. A :-':H A '0. -E F-r.^r s'.. iTZ-6**0 15859 ....jj,41,.....Il4r--1 lb.3^69^............. - * i . Attachments: Sketci No. 3 .t_e : Four Hour Smoke Tower Wall - TRUSSTEEL Studs, Portland Cement Plaster, and STRUCTOLITE Plaster y : On August 5* 1969 and Seotember 12, 1969 duolicate partitions were ubjected to fire endurance and hose stream tests ab Underwriters* Laboraories, Inc., Northbrook, Illinois. The tests were conducted in accordance ith UL 263 (ASTM E 119) in an endeavor to achieve a four hour fire rating n a TRUSSTEEL stud, metal lath, and plaster assembly. he partition consisting of 4 in TRUSSTEEL studs 16 in c to c, regular unner track top and bottom, paper-backed Keymesh lath, 3/4 in Portland ement-lime-sand plaster, 3-1/4 in STRUCTOLITE plaster (100:3) in the tud cavity. 3.4 lb diamond mesh lath attached to the studs with S-T clips, nd 3/4 in gypsum sand plaster achieved an endurance time of 378 minutes nd successfully, passed the hose stream test. The partition will be Listed y UL as Wall Design 13-4 Hr and will also allow 3/4 in STRUCTOLITE pla-ter 100:2) to be used in place of the gypsum sand plaster. he ^embly will be promoted primarily on the West Coast to meet the IC30 equffements for exterior smoke tower constructions. opies of UL report R4142-24-25 of this investigation will be retained in esearch File TZ-646 and Master Book No. 10 when received. " Y F. F. Kastner ^ Summary only. ' ] 147,-74 -E. _ 5 <- Ell wood _ i 147-34 R P. Faust mim3j _V._ M._ Warojp_ay_ l?T-7j C._ .Bringmann i............................................................. 1 RE*. 1/61 (PRINfCj IN U.D.A.) approved 3r J.H.CrumbaugJ^i on:*-' 1 ? u r 1 0 s P.S.Quigg c ^..*.-------1/-- u JL51 *. -J.. -tt._ Ciumbaugh C3 _lj>l t K. S. Freeraan*_ Cl .151 v NiC.s*____ 151 t l_. _T._ Eby* Q J.51 v J* _R._ Roberts*. 1511 P_* _S.,, Quigg____ J5U Wenk . _ . I5lu B _D._ Majrtin _ _ _ 151*. P _4._ Orals___ 151 v. F. _F._ Ka_stner . g Pile_ TZ-646_ G FT .Book _No_. 10 . >io`u0 n......................................................... ................... ... ....................... o PJ Report 15659 2-2^51 (TZ-6`*< Page 7 Introduc tlon Building codes for Los Angeles, San Francisco, and IC30 require construction of smokeproof towers in all buildings of five or more stories. In addition the walls of the towers must provide a fire rating of not less than four hours. Normally the smoKetower will te used as a stairway and fire escape extending from the ground to the uppermost story. The only wall system approved for this con struction is a competitive system developed by the California Zonolite Company. The system incorporates Penn Metal studs up to 6 inches wide, with 4 inches of zonolite concrete in the stud cavity, 3/4 in cement stucco on the exterior surface and 1 in of zonolite plaster on the interior surface. To compete effectively USG detailed, constructed, and fire tested a TRUSSTEEL stud, cement stucco, and USG STRUCTOLITE plaster partition. . Construction During April 1969. two 10 by 10 ft partitions, 5-1/2 in thick were constructed at Underwriters' Laboratories, Inc., Chicago, Illi: is for the purpose of achieving a four hour fire rating. The con struction proceeded as follows: Runner Track USG 4 in wide Regular Runner Track was attached to the top and bottom inside surfaces of the fire test frame. Attachment was made with Pow-R-Set drive pins spaced approximately 24 in c to c. Studs USG 4 in TRUSSTEEL studs were spaced 16 in c to c and set into the bottom runner track. The studs were attached to the top and bottom tracks with USG TRUSSTEEL Stud Shoes and two single 18 ga, wire ties at each end. Casing Bead USG No. 66 square, expanded, 3/4 in casing bead was positioned around the entire perimeter of the partition on both faces and attached to the studs with ?6 ga tie wire. There was a 1/4 in clearance between the concrete frame and the casing bead. CS029 1 o Keport 2-24p'i (TZ-6U6) 11-3-69 Kevmesh Lath Portland Cement Plaster Stud Cavity Plaster Diamond Mesh Lath Gypsum Plaster Paper-backed Regular Keymesh Lath, 3 ft wide, and supplied by Keystone Steel and Wire Company was positioned horizontally and attached to one face of the studs with 18 ga tie wire spaced approximately 6 in c to c. Approximately 3/8 in of Portland cement, lime, sand plaster was scratched into the keymesh lath. The proportion of the mix was 94 lbs of cement (1 bag), 50 lbs of lime (1 bag) and 5-1/2 cu ft of sand. The brown coat was applied over the scratch coat after the scratch coat had set. The mix was 1:1:6 and was applied so that the total thickness of the scratch and brown coats was 3/4 inches. USG STRUCTOLITK Plaster produced at the Empire, Nevada plant in accordance with UL Procedure R 3574, Section 2 was sprayed against the paper-backed key mesh lath into the stud cavity of the wall to a thickness of 3-1/4 inches. The STRUCTOLITK plaster (Type S) con tained 30 cu ft of perlite to each 1000 lbs of gypsum stucco. USG 3*4 lb Diamond Mesh Lath supplied from Hermosa in sheets 27 by 96 in was applied horizontally to the TRUSSTEEL studs and attached with 3 S-T clips per sheet per stud. The sheets were lapped about 1 to 2 in horizontally and vertically. The horizontal laps were wire tied with 18 ga tie wire to the studs and midway between the studs. The vertical laps were wire tied with three ties across the width of the sheets and each end. USG RED TOP Gypsum Plaster, fibered for use over metal lath, was produced at Emoire. The plaster was mixed with sand and applied to the diamond mesh lath to a total thickness of 11/16 inches. The scratch coat was mixed - - C S 0 2 *? x *** Finish Plaster Report 15859 .22-&5UTZ-6U6) n~3-f9' --....... Page 4 in the proportion of LOO lbs of plaster to 2 cu ft of sand and the brown coat in the proportion of 100 lbs of plaster to 3 cu ft of sand. The brown coat was applied to the scratch coat after the scratch coat had initially set. USG RED TOP Gauging Plaster and USG IVORY Finish Lime were mixed in the proportion of 50 lbs of gauging to 100 lbs of lime and applied to the gypsum-sand basecoat to a thickness of 1/16 inch. Test Procedure The fire endurance and fire and hose i V Chiu August 5. 1969 and September 12, 1969 respectively at Underwriters' Laboratories, Inc., Chicago. Illinois. The tests were conducted in accordance with UL 263 (ASTM E 119) for non-load bearing partiti is. The Portland cement face was exposed to the fire for the fire e; .urance test. The gypsum plaster base was exposed for the fire and hose stream test. The fire endurance assembly moisture content was RH at the time of test as measured by Vonfore electronic sensing elements. Under the UL 263 (ASTM E 119) standard the endurance test shall be regarded as successful if the following conditions are met: (a) The wall or partition shall resist the passage of flame or gases not enough to ignite cotton waste for a period equal to that for which classification is desired. (b) Transmission of heat through the wall or partition during the fire endurance test shall not raise the temperature on the unexposed surface more than 250F (average) or 325F (individual) above the initial temperature. The wall or partition shall have withstood the fire and hose stream test. During the 1 hour fire portion the wall shall resist the passage of flame or gases hot enough to ignite cotton waste. Immediately after the fire-portion the partition was subjected to a hose stream delivered through a 2-1/2 in hose with a water pressure of 45 psi for 5 minutes. CS029 1645 Report 15859 2-2451(TZ-646) --------- Page 5 Test Results The fire endurance panel successfully met the requirements for a six hour partition when it failed at 376 minutes. At 376 minutes the temperature of a thermocouple on the unexposed face exceeded the allowable individual temperature. A duplicate panel success fully withstood the requirements for the fire and hose stream test. Conclusions Eased on the results of the tests the partition described herein qualifies for a six hour fire rating. However, because of the absence of UL Listed six hour partition ratings and our desire or need for only a four hour rating the tested assembly will be Listed as Wall and Partition Design No. 13-4 Hr. Underwriters* Laboratories, Inc. report R4142-24-25 describing this investigation will be retained in file TZ-646 and Master Book No. 1C when received. Discussion It was obvious that the partition was overdesigned for a fo* hour rating since the two partitions withstood the endurance and nose stream tests by a large margin. It is suggested that if a lower cost four hour smoketower partition is desired that a wall incor porating smaller TRUSSTEEL studs and less stud cavity STRUCTOLITE plaster be tested at UL. From this proposed test data and the data of the test reported herein, interpolations of ratings between the two tests would be available. UL has not been broached on this matter but their approval prior to conducting the second test would be necessary and desirable to establish Listed ratings up to four hours of constructions incorporating TRUSSTEEL studs, STRUCTOLITE plaster, and portland cement plaster. <r * Q- P O K M -rM DCSCM CH U K O N IT .(( ih i w a iin ilra v ia l 16d Ke "KEY. . reinforcement for plaster and stucco BB020 0199 KEYMESH Galvanized Reinforcing Regular Keymesh--all time favorite over any material No furring nails needed when you use self-furring Keymesh Regular Keymesh applied with furring nails can be installed with equal efficiency over all types of sheath ing or building paper on open studs when used with bellyband construction. Each furring nail has a fiber wad that holds the reinforcement away from the base, assuring ample embed .sra ment of keymesh in the stucco. FOR Self-furring Keymesh comes to you crimped every 3' to eliminate the need for furring nails. The built-in crimp maintains the proper spacing of reinforcing wire from the sheathing. The open mesh permits you to rapidly trowel on a full, even coat. STUCCO Paperbacked Keymesh Lath forms your stucco base in a single step Paperbacked Keymesh Lath makes building paper-- bellyband construction into one simple step. It mounts directly over vertical studding. Longitudinal wires stiffen the Keymesh to provide a firm base for either mechani cal or hand application. Waterproof paper backing achieves necessary protection from weather. The open mesh assures a strong bond. Self-furred Paperbacked Keymesh Lath Saves Lath and Plaster Labor New self-furred, paperbacked Keymesh makes it possible to apply back-up wire, paper and furred reinforcement in one operation. The closely spaced furring assures proper embedment of lath and uniform thickness of scratch coat. Ideal for nailing, stapling, or tying directly to steel studs. Scratch coat may be troweled or sprayed. C C < A C C AC C COMPLETE SPECIFICATIONS ON BACK PAGE TCDDSTTENS1 LE^BTR KEYMESH adds strength to plaster and stucco, reduces cracks. REDUCES FIRE RISK KEYMESH extends time plaster will stand up underfire. SAVES LABOR KEYMESH goes up easily, lays smooth and straight. ti villL l> jCsIlv *, ~ Keymesh on walls and ceilings distributes the stress to stop the cracks Inside corners plaster smooth and strong with Keycorner Plaster cracks are reduced, often completely elimi nated, with Keymesh on the scene. It distributes structural stress over the entire plaster area . . . adds strength of reinforcing steel to the exceptional bond of plaster gypsum. The open mesh not only permits rapid troweling, it also insures a full, uniform thickness of plaster. ( ' FOR Keycorner reinforcement inside plaster corners pro vides effective crack resistance. Its self-furring design and multi-directional wires allow full plaster embed ment. Keycorner is made in 4-ft. lengths to mini mize cutting, simplify placing--and it can be nailed or stapled. Galvanized to prevent rust bleeding through. Also furnished in rolls. PLASTER Keystrip adds extra strength to points of stress Wherever flat strip reinforcement is needed, this gal vanized lath supplies added stability in easy-to-apply U form. Convenient 4-ft. lengths of Keystrip can be quickly nailed or stapled over lath joints, across win dow and door corners. Its open mesh design encour ages fullest plaster embedment . . . assures maximum strength without sacrificing good appearance. Tile bases take less manpower and ma terials vrith Paperbacked Keymesh Lath No finagling and fussing when your ceramic tile bases are made of Paperbacked Keymesh. This galvanized wire mesh can be applied directly to studding--ready for the portland cement base. Easy handling sheets assure high tensile strength ... let you finish each job with less manhours and materials. And, the lami nated paper backing meets Federal Specifications UU-P-147b, Type I, Class B. COMPLETE SPECIFICATIONS ON BACK PAGE BB020 0201 KeyZ bead safeguards earners Provides stronger, more solid corners, completely filled up with plaster. There will be no rust stains because of the heavy solid zinc nose. 'A J Keymesh with KeyZbead gives steel eohunns 4-hour fire resistance Keymesh plus Key7bead, used with lightweight aggregate plaster over steel columns, has been tested in nationally recognized laboratories. It has received a four-hour fire rating. Covered with 1 %" of vermiculite plaster, these easy handling reinforcements resist fire effectively. KEYMESH REINFORCED PLASTER OFFERS 3 TO 4 TIMES GREATER FIRE PROTECTION 4ests made in nationally recognized laboraries reveal that plaster ceiling reinforced with Keymesh gave three to four times greater fire protection than any other type construction tested. Check these results: fire resistance of different types of wood frame construction f WOOD JOIST CEILINGS rVf.- ''ULTIMATE 'r-'m FIRE RESISTANCE pW Exposed wood joists--no finished ceiling W gypsum wallboard painted with casein W perforated gypsum lath with W lightweight aggregate plaster .. Vb' gypsum lath with Vir lightweight aggregate plaster reinforced with Keymesh reinforcing lath 15 min. 25 min. 1 hour m " * . W-vv- C 1 hour 3854 min. -V - SPECIFICA TIONS REGULAR KEYMESH (for stucco & plaster) 150' x 3' Rolls 1 VC--17 ga. 1' --18 ga. 1 VC--18 ga. r --20 ga. 2' --20 ga. Ship. Wt. 71 lbs. 88 lbs. 55.5 lbs. 43.1 lbs. 23 lbs. KEYCORNER Style | Package 2' x 2" x 4 ft. 704 x 1 x 19 Ctn. 250 pcs 200' rolls KEYSTRIP Wire Gauge 19 19 Shp. Wt. [ per 1000 lin. ft. 54.2 lbs. 65 lbs. PAPERBACKED KEYMESH LATH for stucco 1 VC--17 ga. in 100' x 3' rolls .. . 7O.S0 1 VC--17 ga. in 100' x 3' rolls, selffurred . . . 72.60 for tile in sheets, 30' wide x 50%' long. 30 sheets or 35 yards per box. 200| per 100 sq. yds. with additional IS ga. longitudinal wires spaced 3* apart; SELF-FURRING KEYMESH crimped on 3" spacing 1 17 ga._______________ 71 lbs. 1 VC--18 ga. Style x 1336 71.5 lbs. __________ (11 extra line wires 3' apart)________ Style Package Wire Gauge | 3' x 4' ICtn.--250 pcs --1? I KEYZ BEAD Flange Width 2W Shp. Wt. 52.5 lbs. Length 7' 8' 9' 10' Per Carton 560 ........ -560 540 500 . I I I | Weight per Carton 95.8 96.1 .............. 93.6 86.8 O O g IU EXTERIOR KEYCORNER Flange Width 2V2" J Available in 8 ft., 9 ft., 10 ft. & 12 ft. lengths. 1 I I 1 Package Carton -- 40 pieces. Wt. excluding carton 100 lbs. per 1000 ft. >*- KEYSTONE STEEL & WIRE COMPANY BB020 0187 Self-furring paperbacked Keymesh, type SFB in sheets or rolls, for application o\ food or steel on horizontal or vertical surfaces as a reinforcing and backing for cement plaster, ceramic tile or masonry. Follow these lO easy Start with the salvage edge on the foundation with the paper extending a minimum of two inches below the mud sifl. When there is no foundation, or a drip screen is used, cut off the one mesh selvage edge of wire extending below the paper, or run a four inch or wider strip of waterproof building paper for the selvage edge to lap. Apply in accordance with Chapter 47 of the Uniform Building Code. Hang below the paper flap so that the flap can be extended. Lap only one mesh. Wire should lap wire. Stagger vertical laps. Q td O CJ o o CD CD Attach witFTgaTvanizad divergent point staples, galvanized nails, galvanized tie wire, clips or screws directly to supports. Attachment should be at furring crimps marked in red. When using tie wire, care should be taken to keep the size of holes made In the paper backing to a minimum. Cut material at openings, keeping the wire and paper snug against the opening. At windows and openings where flashing is required, (a) insert a piece of waterproof building paper under the flashing paper at the bottom of the opening and extend to lap over the paper flap on the Self-Furred Paperbacked Keymesh Lath, or (b) run material under flashing paper at bottom of opening and apply additional self-furred mesh without paperbacking over the flashing paper, or (c) insert the flashing paper between the woven wire mesh and the face paper. The scratch coat of Portland Cement Plaster should be applied so as to completely imbed the mesh, and should be of proper consistency and strength, Self-Furred Paperback Keymesh Lath can be used forsoffets and over steel studs. ca to o fu o CD >0 Five Keymesh stucco nettings with paperbacking ... ROLLS OR SHEETS TYPE SFB WATERPROOFED "BREATHER" BACKING SELF-FURRED PAPERBACK KEYMESH LATH -- l>/2" mesh, 17 gauge Keymesh with 18 gauge galvanized longitudinal wires woven into netting on 6" centers attached to 18 gauge galvanized wires laminated between high wet strength suction paper and Class D Paper, with continuous V4" deep furring crimps horizontally, spaced 6" vertically, following each 18 gauge longitudinal wire woven into the netting, wires in the continuous horizontal crimps painted red to mark proper attachment point. Weight 2.2 lbs. per square yard. End use -- for backing and reinforcement for Portland Cement Plaster applied direct to structural supports. TYPE SFB WATERPROOFED "VAPOR BARRIER" BACKING WATERPROOF PAPERBACK KEYMESH LATH-- With Class B paper laminated to high wet strength suction paper. End use -- backing and reinforcement for masonry veneer, ceramic tile, terrazzo, gunite applications, and other uses where high degree of waterproofing is desirable, or for backing and reinforcement for Portland Cement Plaster applied direct to structural supports when specified. TYPE SFB WATERPROOFED "VAPOR BARRIER" BACKING PYRO-KURE PAPERBACK KEYMESH LATH -- With Pyro-Kure paper as manufactured by American Sisalkraft Company. End use -- for non-combustible construction. TYPE F-FB WATERPROOFED "VAPOR BARRIER" BACKING KEYMESH LATH-- I1/?" mesh 18 gauge Keymesh with 18 gauge galvanized longitudinal wires woven into the netting on 3" centers (weight of reinforcement only, 1.42 lbs. per square yard) attached to 18 gauge galvanized wires laminated between high wet strength suction paper, and class B paper. End use -- backing and reinforcement for masonry veneer, ceramic tile, terrazzo. gunite applications, and other uses where high degree of waterproofing is desired. TYPE SFB HIGH ABSORBENT PAPERBACKED KEYMESH LATH -- With vat-line chip suction paperbacking for interior and protected locations. And Approved: By City and County of San Francisco, City and County of Los Angeles, and the City of Long Beach. And Meets: Minimum Property Standards of FHA, VA, and Department of General Services, State of California, Office of Architecture and Con struction and School House Section, Federal Specifications QQ-L-101 and UU-B-790. Also ask for... KEYMESH Stucco Nettings-5 types to choose from to give multidirectional reinforcement. KEY-Z-BEAD exterior corner reinforcement. KEYCORNER for gypsum plaster interior corners. KEYSTRIP of reinforcement at points of weakness or stress of gypsum plaster. EXTERIOR KEYCORNER for straight and true corners of soffits, arises and overhangs. EXTERIOR KEYCORNER for arches to give strong reinforcement. KEYSTOflE STEEL G WIRE pmHi*\ - it i iruns (iititj/ imisHiii f:nn<-uiii[i\tMi inniisimi s - im: SALES OFFICES CALIFORNIA: Los Angeles, 90023 - 4293 Bandini Blvd. - Tel: (213) 268-0149 Santa Clara, 95052 - 651 Walsh Ave. - Tel: (408) 296-6545 OREGON: 'ortland, 97209 - 1800 N. W. 16th Ave. - Tel: (503) 222-9275 WASHINGTON: Seattle. 98134 - 12 So. Idaho St. - Tel: (206) Main 3-1544 EM KPB JSOOiY ? /0 BB020 0190 PRINTED 'N U S 9H3572PMI.04 MKW/dks/rg STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT OF ILLINOIS COUNTY OF PEORIA BEVERLY FOGLIANO, Individually and as Special Administrator of the Estate of Bernard Fogliano, deceased, Plaintiffs, vs. ABEX CORPORATION, et al.f Defendants. LAW NO. 96 L 153 PROOF OF SERVICE The undersigned certifies that a copy of United States Gypsum Company's Second Amended Responses to Plaintiff's First Set of Interrogatories was served upon the attorneys of record of all parties to the above cause by enclosing the same in an envelope addressed to such attorneys at their business address as disclosed by the pleadings of record herein, with postage fully prepaid, and by depositing said envelope in a U.S. Post Office Box in Peoria, Illinois, on the 13th day of August, 1997. UNITED STATES GYPSUM COMPANY HEYLROYSTER VOELKER &ALLEN Suite 600 Bank One Building 124 S.W. Adanu Street Peoria, Illinoit 61602 Fax (309) 676-3374 (309) 6760400 #6187711 AUG If B97 9 H 3572 BEVERLY FOGLIANO, Individually, and as Special Administrator of the Estate of BERNARD FOGLIANO, Deceased. IN THE CIRCUIT COURT OF TENTH JUDICIAL CIRCUIT PEORIA COUNTY Law No. 96 L 153 ATTORNEYS FOR PLAINTIFFS James Walker, Ltd. 207 W. Jefferson St. P.O. Box 3455 Bloomington, IL 61702-3455 ATTORNEYS FOR ABEX CORPORATION, ABEX, INC., AMERICAN BRAKE SHOE COMPANY, PNEUMO ABEX CORPORATION Robert W. Scott Swain, Hartshorn & Scott 411 Hamilton Blvd., Suite Peoria, IL 61602-1104 1806 ATTORNEYS FOR METROPOLITAN LIFE INSURANCE COMPANY Mark E. Rakoczy Skadden, Arps, Slate, Meagher & Flom 333 W. Wacker Dr., Suite 2100 Chicago, IL 60606 ,, ATTORNEYS FOR E.D. BULLARD COMPANY, MAGID MFG. CO., INC., SAGER CORPORATION, STANDARD INDUSTRIAL PRODUCTS COMPANY and DRESSER INDUSTRIES, INC. James R. Carter Carter & Grimsley 416 Main Street, 15th Floor Peoria, IL 61602 ATTORNEYS FOR PITTSBURGH CORNING CORPORATION Kristine K. Kraft Nicole C. Behnen Polsinelli, White, Vardeman 100 S. Fourth Street, Suite St. Louis, MO 63102 & Shalton 1110 . ATTORNEYS FOR OWENS-CORNING FIBERLGAS CORPORATION Stephen R. Kaufmann Sorling, Northrup, Hanna, Cullen and Cochran, Ltd. 607 East Adams Street, Suite P. O. Box 5131 Springfield, IL 62705 800 9 H 3572 , BEVERLY FOGLIANO, Individually and as Special Administrator of the Estate of BERNARD FOGLIANO, Deceased ATTORNEYS FOR STEEL GRIP, INC. David R. Quade Diver, Grach, Quade & Masini 111 N. County St. Waukegan, IL 60085 ATTORNEYS FOR A.P. GREEN INDUSTRIES, INC. and UNITED STATES GYPSUM COMPANY Christopher P. Larson Heyl, Royster, Voelker & Allen 124 S.W. Adams, Suite 600 Peoria, IL 61602 ATTORNEYS FOR A&M INSULATION CO. Edward J. Matushek, III Haskell & Perrin 200 W. Adams St., Suite Chicago, IL 60606 2600 Gregory C. Knapp Attorney at Law 1952 S. Main St. P.O. Box 205 Eureka, IL 61530 ATTORNEYS FOR SPRINKMANN SONS CORP. OF ILLINOIS Cathy Molchin Schmidt & Molchin, P.C. 411 Hamilton Blvd., Suite Peoria, IL 61602 1518 ATTORNEYS FOR CHICAGO FIRE BRICK COMPANY William J. Mahoney Segal, McCambridge, Singer & Mahoney 20 S. Clark St. - Suite 700 Two First National Plaza Chicago, IL 60603 ATTORNEYS FOR KAISER ALUMINUM & CHEMICAL CORP., NORTH AMERICAN REFRACTORIES COMPANY CHARTER, pic, and NATIONAL REFRACTORIES & MINERALS CORPORATION Wildman, Harrold, Allen & Dixon 225 W. Wacker Drive, Suite 3000 Chicago, IL 60606-1229 2 9 H 3572 BEVERLY FOGLIANO, Individually and as Special Administrator of the Estate of BERNARD FOGLIANO, Deceased ATTORNEYS FOR RAYMARK INDUSTRIES, INC. Stephen J. Roth Giffin. Winning, Cohen & Bodewes, 1 West Old State Capitol Plaza Myers Building, Suite 600 Springfield, IL 62701 P.C. ATTORNEYS FOR W.R. GRACE -- CONN. Patrick J. Lamb Kirk T. Hartley Katten, Muchin & Zavis 525 W. Monroe, Suite 1600 Chicago, IL 60661-3693 ATTORNEYS FOR COMBUSTION ENGINEERING, INC. Roland N. Litterst Litterst Law Office 331 Fulton Street, Suite Peoria, IL 61602 416 ATTORNEYS FOR HARCROSS CHEMICALS, INC. Eric L. Samore Querrey & Harrow, Ltd. 180 North Stetson Avenue, Chicago, IL 60601-6791 Suite 3500 ATTORNEYS FOR THERMIC REFRACTORIES, INC. Paul T. Slocomb Brasher Law Firm 211 North Broadway, Suite St. Louis, MO 63102 2300 ATTORNEYS FOR GENERAL REFRACTORIES COMPANY Thomas J. Kernel1 Roberts, Perryman, Bomkamp & Meives, One Mercantile Center, Suite 2300 St. Louis, MO 63102 P.C. ATTORNEYS FOR INTERNATIONAL VERMICULITE COMPANY ATTORNEYS FOR GLOBE REFRACTORIES, INC. ATTORNEYS FOR SWANK REFRACTORIES COMPANY ATTORNEYS FOR AMERICAN BRAKE SHOE ATTORNEYS FOR GREAT LAKES CARBON CORPORATION (Vol. Dismissed) ATTORNEYS FOR ILLINOIS CENTRAL RAILROAD COMPANY (Vol/Dismissed) 3 9 H 3572 BEVERLY FOGLIANO, Individually and as Special Administrator of the Estate of BERNARD FOGLIANO, Deceased ATTORNEYS FOR CHARTER PLC (Voluntarily Dismissed) ATTORNEYS FOR OC MERGER CORP. (Voluntarily Dismissed) ATTORNEYS FOR GREFOO, INC. (Voluntarily Dismissed) ATTORNEYS FOR CAPE INDUSTRIES PLC (Voluntarily Dismissed) ATTORNEYS FOR OWENS-ILLINOIS, INC. (Dismissed) 4 9J9137DIA.04 CPL/saj IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF ILLINO McLEAN COUNTY JAMES W. BREWER, SR., and JUDY BREWER, Plaintiffs, vs. OWENS CORNING, et al., Defendants. ) ) IN RE: ASBESTOS LITIGATION ) ) ) ) LAW NO. 98 L 56 ) ) ) ) RESPONSE TO PLAINTIFF'S FIRST REQUEST FOR DISCOVERY FROM DEFENDANT. UNITED STATES GYPSUM COMPANY PREFATORY STATEMENT United States Gypsum Company (hereinafter "U.S.Gypsum") has, to the best of its abilities, gathered non-privileged documents into a document repository for inspection by plaintiffs' counsel in response to requests for production served in asbestos litigation. These documents provide information that supplements and expands upon that provided in these answers to Requests for Production. Accordingly, by way of further response to these Requests for Production, U.S. Gypsum hereby offers to make available these documents at a mutually convenient time at its offices at 125 S. Franklin Street, Chicago, Illinois. In giving its responses to Requests for Production as to asbestos-containing products, U.S. Gypsum refers to products containing commercial asbestos as part of their formulation and lEYLROYSTER VOELKER &ALLEN to the type of commercial asbestos used as part of the formulation. Suite 500 Bank One Building 124 SAV. Adams Street Peoria. Illinois 61602 Fax (.109) 676*3374 (309) 676-0400 OCT 19 TS9adV^ 9J9137DIA.04 CPL/saj OBJECTIONS U.S. Gypsum objects to the manner in which plaintiff has defined U.S. Gypsum to the extent that plaintiff purports to include in its definition of U.S. Gypsum "all agents, employees, officials, officers, executives directors, consultants and any others who directly or indirectly represent in any manner the defendants" and "the defendants and any predecessors." In that U.S. Gypsum Company is the named defendant, this definition is overly broad and would require U.S. Gypsum to engage in unduly burdensome research, divulge privileged information and produce privileged documents. This defendant, U.S. Gypsum Company, responds to these Requests for Production on behalf of itself. U.S. Gypsum further objects to these Requests for Production to the extent they seek information or documents protected by the attorney-client privilege and the work product rule and to the extent they seek trial preparation or expert materials or documents. Finally U.S. Gypsum objects to these Requests for Production to the extent they ask for "identification" of voluminous documents on the grounds that they are overly broad, unduly burdensome and not reasonably calculated to lead to the discoverv of admissible evidence. As set forth infra, U.S. 3YLROYSTER VOELKER <S^EN Gypsum will produce documents which are the proper subjects of an appropriate document request. Suite 600 Rank One Building 2A S.W. Adams Street Voria, Illinois 61602 Fax (309) 676-3374 (309) 676-0400 -2- 9J9137DIA.04 CPL/saj RESPONSES TO REQUEST FOR PRODUCTION 1. The results of all tests performed by, at the direction of, or known to defendant regarding the maximum distance that an asbestos particle can travel through the air. RESPONSE: Objection. This request is vague, ambiguous, overbroad, irrelevant, immaterial and is not reasonably calculated to lead to the discovery of admissible evidence. In addition, this Request improperly assumes facts which are not in evidence and which are the issues in controversy in this lawsuit. 2. The results of all tests performed by, at the direction of, or known to defendant regarding the maximum time that an asbestos particle can remain airborne. RESPONSE: Objection. this Request is vague, ambiguous, overbroad, irrelevant, immaterial and is not reasonably calculated to lead to the discovery of admissible evidence. In addition, this Request improperly assumes facts which are not in evidence and which are the issues in controversy in this lawsuit. 3. The results of all tests performed by, at the direction of, or known to defendant regarding the minimum quantity of asbestos necessary to induce mesothelioma. RESPONSE: Objection. This Request calls for a medical lEYLROYSTER ~V0ELKER ^XEN conclusion which no employee of this defendant is qualified to make. Without waiving this objection, non-privileged, responsive documents, to the extent they exist, will be made Suite 600 Bank One Building 124 S.W. Adams Street Peoria, Illinois 61602 Fax (309) 676-3374 (309) 6764)400 9J9137DIA.04 CPL/saj available to plaintiff at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 4. Each different telex or other document by which McKinney of John-Manville invited representatives of various companies, including Armstrong World Industries, to a meeting on May 22, 1979, and all documents concerning, and minutes of, that meeting. RESPONSE: Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 5. All documents regarding any other meeting of representatives of three or more of the companies named in the memorandum regarding the CEO Meeting of May 22, 1979. RESPONSE: Objection. This defendant objects to this request to the extent that it seeks information regarding constitutionally protected activities, freedom of speech and freedom of association, discovery into which would create a chilling effect. 6. Its original records (or if the originals are not available then the best available copies) of sales or shipment of products to: Teepak, Sprinkmann Insulation. RESPONSE: This defendant does not possess any records [EYLROYSTER VOELKER &ALLEN Suite 600 Bank One Building 124 S.W. Adams Street Peoria, Illinois 61602 Fax (309) 676-3374 (309) 6760400 maintained in the normal course of business which identify who the ultimate user of the product was or where it was installed. With that limitation, this defendant responds as -4- 9J9137DIA.04 CPL/saj follows: Prior to 1966, this defendant sold its construction products, some of which may have contained small amounts of asbestos, exclusively through independent dealers. Beginning in about 1966, this defendant sold its construction products either directly to independent contractors, independent distributors or, as had previously been the custom, through independent dealers. This defendant has no sales records for the years prior to 1965, other than records of gross sales of individual products by plant. Sales records thereafter are contained in computer printouts. Records of products which the plaintiff can establish were relevant to the subject matter of the lawsuit will be made available for inspection at a mutually convenient time at 125 South Franklin Street, Chicago, IL 60606. Other non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 7. All doctors' reports, doctors' records, hospital records, bills for treatment, or other medical data having to do with the mental or physical condition of decedent. RESPONSE: None at this time. Investigation continues 8. All photographs, slides, motion pictures, models, maps, sketches, diagrams or drawings depicting the decedent or ;ylroyster VOELKER &^A^LLLEEPN any location at which he worked. RESPONSE: None other than those provided by plaintiff at his deposition. Suite 600 Bank One Building 24 S.W. Adams Street 'eoria. Illinois 61602 Fax (309) 676-3374 (309) 6764)400 -5-  9J9137DIA.04 CPL/saj 9. All reports, notes, letters, memoranda, or other documents showing or purporting to show what decedent was told about the relationship between asbestos and health. RESPONSE: None at this time. 10. All reports, notes, letters memoranda, or other documents showing or purporting to show what defendant knew about the relationship between asbestos and health. RESPONSE: Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 11. All documents reflecting or evidencing a summary of w periodic chest X-rays or other medical examinations of workers employed by defendant at any location wherein asbestos was used at any time. Stated another way, plaintiff is requesting the summaries or reports of the plant health surveys or employee health surveys, which reports or summaries were prepared or used to evaluate the health hazards, if any, of asbestos. RESPONSE: Objection. There has been no allegation that plaintiff was ever an employee of this defendant. Therefore, this Request is overbroad, irrelevant, immaterial and is not reasonably calculated to lead to the discovery of admissible evidence. 12. Each policy of insurance, including all excess and EYLROYSTER VOELKER ^LLEN umbrella policies, which may be construed to provide coverage for the claim stated in the Complaint. Suite 600 Bank One Building 24 S.W. Adams Street Peoria, Illinois 61602 Fax (309) 676-3374 (309) 676-0400 -6- 9J9137DIA.04 CPL/saj RESPONSE: Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 13. All documents reflecting payments or agreements for payments made under any of the policies described in the preceding paragraph which the carrier claims or could claim as a full or partial exhaustion of the policy limits or otherwise affect the amount of coverage available in this case. RESPONSE: Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 14. Each list of index of the transcripts in your possession of testimony, whether given at deposition or trial, in asbestos litigation. RESPONSE: Objection. This Request is overbroad and unduly burdensome. 15. Each transcript of testimony given in a case pending in a state or federal court in Illinois (whether at deposition or trial) by an individual who at some point in his/her life worked as an insulator. RESPONSE: Objection. Plaintiff is attempting to use this discovery procedure as a substitute for his own efforts to EYLROYSTER VOELKER uncover information. This defendant has no such information other than what it may have developed to defend this litigation Suite 600 Bank One Building 124 S.W. Adams Street Peoria, Illinois 61602 Fax (309) 676-3374 (309) 676-0400 9J9137DIA.04 CPL/saj and which is subject to attorney work product and attorney client privilege. 16. Each transcript of testimony, whether given at deposition or trial, of an individual who testified that he or she was, or whom you know to have been, engaged in the sale, distribution, transportation, installation or removal of insulation or asbestos containing material in Illinois. RESPONSE: Objection. Plaintiff is attempting to use the discovery procedure as a substitute for his own efforts to uncover information. This defendant has no such information other than what it may have developed to defend this litigation and which is subject to attorney work product and attorney client privilege. 17. All documents evidencing, reflecting, or referring to the wording of any warning, instruction, or other writing concerning health risks associated with asbestos distributed to those at risk of asbestos disease from products manufactured or sold by defendant. RESPONSE: Objection. This request is argumentative and improperly assumes facts which are not in evidence and which are the issues in controversy in this lawsuit. Without waiving this objection, non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through this defendant's offices at sylRoyster VOELKER &4JLLEN 125 South Franklin Street, Chicago, IL. 18. All documents evidencing, reflecting, or referring to the content of any brochure, pamphlet, advertisement, or other Suile 600 Bank One Building 24 S.W. Adams Street 'eoria, Illinois 61602 Fax (309) 676-3374 (309) 6764)400 -8- 9A 9J9137DIA.04 CPL/saj document which describes any asbestos containing product manufactured or sold by defendant. RESPONSE: This defendant maintains no central repository for the accumulation of the requested information in the ordinary course of business. Documents that have already been identified and gathered to respond to discovery requests in other litigation and that relate to products which plaintiff can establish are relevant to this litigation, will be made available for inspection at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 19. All documents evidencing, reflecting, or referring to the warnings, cautionary instruction, pamphlets, brochures, and safety programs initiated by defendant for the purpose of protecting defendant's employees from any hazard presented by the presence of asbestos in any manufacturing facility of defendant. RESPONSE: Objection. There has been no allegation that plaintiff was ever an employee of this defendant. Therefore, this Request is overbroad, irrelevant, immaterial and is not reasonably calculated to lead to the discovery of admissible evidence. 20. All documents evidencing, reflecting, or referring to any investigation by defendant or any employee, agent, or ieylRoyster VOELKER J^T.TFN retained expert of defendant on the subject of any hazard presented by the presence of asbestos in any product manufactured or sold by defendant. Suite 600 Bank One Building 124 S.W. Adams Street Peoria, Illinois 61602 Fax (309) 676-3374 (309) 6764)400 -9- A w 9J9137DIA.04 CPL/saj RESPONSE: Objection, This Request is vague, ambiguous, overbroad, irrelevant, immaterial and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving these objections, the following is a brief description of non-privileged testing regarding asbestos or asbestos-containing materials which has been conducted by, on behalf of, or with assistance from this defendant. The documents involved speak for themselves regarding the specific tests. Non-privileged documents relating to the studies and reports referenced below will be made available for plaintiff' inspection. In addition, there are unauthenticated documents relating to Dr. Gardner's Saranac study which this defendant believes are in the possession of or available to plaintiff's counsel. In an attempt to be responsive to interrogatories, the testing has been categorized and divided as follows: A. Fiber Release This defendant is aware of tests which were performed to measure the release of asbestos fibers during the mixing and sanding of joint compounds in the early 1870's. This defendant retained an expert, Dr. Morton Corn, to perform two studies, both in Illinois; the first, a study of the ceiling at this defendant's corporate headquarters in Chicago in 1982; the second, at the William A. Duguid Company EYLROYSTER VOELKER ^L,EN in Des Plaines in 1984. Additionally, in 1983 there was testing performed by the Ontario Research Foundation with Suite 600 Bank One Building 24 S.W. Adams Street Peoria. Illinois 61602 Fax (309) 676-3374 (309) 676-0400 -10- 9J9137DIA.04 CPL/saj respect to the non-friability of this defendant's acoustical plaster, Audicote. Tests were conducted for this defendant in 1965 by Boyle Engineering Laboratory on Firecode plaster for the purpose of determining surface erosion or dusting during high air velocity. In 1984 the Ontario Research Foundation began a study that was intended to monitor the air during encapsulation to measure asbestos fiber levels. The study, however, was not completed. Also, in 1985, Dr. Morton Corn conducted a study at the William A. Duguid Company, the purpose of which was to determine whether asbestos fibers were released during the process of encapsulation. In 1985 this defendant conducted air sampling tests, before, during and after encapsulation of acoustical plaster, not manufactured by this defendant, in the Yorkville, Illinois schools. Certain samples were taken from these schools, and certain testing was performed in 1987 on them by the Illinois Institute of Technology Research Institute (IITRI). IITRI's testing program was not completed. B. Plant Dust Surveys In the 1930's. Dr. LeRoy U. Gardner of the Saranac Laboratories conducted investigations of this defendant's New Brighton and Oakfield, New York facilities. In addition, in 1936 this defendant retained Dr. Gardner to conduct an investigation of its Jersey City manufacturing plant, within iEYLROYSTER VOELKER months after its purchase. Beginning in the 1950's, surveys were conducted at various U.S. Gypsum plants. These involved studies of nuisance dusts, one of which was asbestos. Suite 600 Bank One Building 124 S.W. Adams Street Peoria. Illinois 61602 Fax (309) 676-3374 (309) 6764)400 -ll- 9J9137DIA.04 CPL/saj C. Research Reports This defendant has undertaken research projects concerning various performance parameters of its products. D. Doctor Gardner's Saranac Study This defendant contributed to a study conducted beginning approximately 1936 by Dr. Gardner of the Saranac Laboratory. E. survey of Airborne Fibers Clayton Environmental Consultants, Inc. was retained by this defendant in 1985 to conduct air sampling for asbestos at this defendant's building at 101 South Wacker Drive, Chicago, Illinois. Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 21. All documents evidencing, reflecting, or referring to the knowledge of defendant, its employees, officers, directors, and managing agents of any hazard presented by the presence of asbestos in either the manufacturing facilities of defendant or in products manufactured or sold by defendant. RESPONSE: Objection. This Request is irrelevant as to hazards presented by the presence of asbestos in the manufacturing facilities of this defendant because there has been no allegation that plaintiff was ever an employee of this EYLROYSTER VOELKER ^XEN defendant. Without waiving this objection, and as to products manufactured or sold by this defendant, non-privileged, responsive documents, to the extent they exist, will be made Suite 600 Bank One Building 124 S.W. Adams Street Peoria, Illinois 61602 Fax (309) 676-3374 (309) 6764)400 -12- Aw 9J9137DIA.04 CPL/saj available to plaintiff at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 22. All documents evidencing, reflecting or referring to the decision of defendant, including the identity of all individuals involved in the decision making process, to allegedly cease manufacture and sale of any asbestos containing product. RESPONSE: Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 23. All documents evidencing, reflecting or referring to any study by defendant or the results of any study by any entity at the request of defendant, including all interim and preliminary reports as well as all correspondence, of any health hazard presented by asbestos. RESPONSE: See response to Request No. 20. 24. All documents evidencing, reflecting or referring to each asbestos removal or abatement program adopted by defendant RESPONSE: Objection. This defendant objects to this Request on the grounds that it is not reasonably calculated to lead to the discovery of admissible evidence relevant to the subject matter of the pending action. EYLROYSTER VOELKER FALLEN 25. An affidavit stating whether production is complete according to the knowledge of defendant and defendant's insurance carriers, attorneys, agents and employees. Suite 600 Bank One Building 124 S.W. Adams Street Peoria, Illinois 61602 Fax (309) 676-3374 (309) 6760400 -13-  9J9137DIA.04 CPL/saj RESPONSE: Objection. See Prefatory Statement. Without waiving this objection, non-privileged, responsive documents. to the extent they exist, will be made available to plaintiff at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 1EYLROYSTER VOELKER ^pJLEN Suite 600 Bank One Building 124 S.W. Adams Street Peoria, Illinois 61602 Fax (309) 676-3374 (309) 676-0400 -14- STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) VERIFICATION I, S. P. Bjorklund, declare: I am the Manager, Financial and Business Analysis, of United States Gypsum Company, one ofthe above named defendants, and am authorized to make this verification for and on behalf of said company; I have read the foregoing Answers, Objections, and other Responses to Plaintiffs' First Request For Production and am informed and believe that the same is true and on that ground allege that the matters therein stated are true. I declare, under penalty of perjury, that the foregoing is true and correct, and that this declaration was executed on1Q | ( <i _________________ in Chicago, Illinois. Subscribed and sworn to before me this 15t\A day of OcTvo^Jr^ , 1998. -15-  9J9137DIA.04 CPL/saj PROOF OF SERVICE The undersigned certifies that a copy of the foregoing instrument was served upon the attorneys of record of all parties to the above cause by enclosing the same in an envelope addressed to such attorneys at their business address as disclosed by the pleadings of record herein, with postage fully prepaid, and by depositing said envelope in a U.S. Post Office Box in Peoria, Illinois, on the J[p day of October, 1998. Walker & Wylder, Ltd. 207 W. Jefferson Street P.O. Box 3455 Bloomington, IL 61702-3455 -A Christopher P. Larson YLROYSTER ^OELKER Suite 600 ink One Building S.W. Adams Street iria, Illinois 61602 ix (300) 676-3374 (309) 676-0400 -16- 9J9137COC.05 CPL/saj IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF ILLINO McLEAN COUNTY JAMES W. BREWER, SR., and JUDY BREWER, Plaintiffs, vs. OWENS CORNING, et al., Defendants. ) ) IN RE: ASBESTOS LITIGATION ) ) ) ) LAW NO. 98 L 56 ) ) ) ) CERTIFICATE OF COUNSEL NOW COMES the Defendant, UNITED STATES GYPSUM COMPANY, by HEYL, ROYSTER, VOELKER & ALLEN, and certifies that these Defendants have this date filed: United States Gypsum Company's Responses to Plaintiff's First Request for Discovery Copies Available Upon Request UNITED STATES GYPSUM COMPANY BY: 'HEYL, ROYSTER, VOELKER & ALLEN Christopher P. Larson #6187711 PROOF OF SERVICE The undersigned certifies that a copy of the foregoing instr ment was served upon the attorneys of record of all parties to th above cause by enclosing the same in an envelope addressed to sue attorneys at their business address as disclosed by the pleadings of record herein, with postage fully prepaid, and by depositing said envelope in a U.S. Post Office Box in Peoria, Illinois, on t iU? day of- qpptamber, 1998. itXiROYSTER /OELKER &ALLEN See attached service list Suite 600 nk One Building S.W. Adams Street ria. Illinois 61602 * (309) 676-3374 309) 676-0400 OCT 19 1998^isr 9 J 9137 JAMES W. BREWER, SR., and JUDY BREWER IN THE CIRCUIT OF THE ELEVENTH JUDICIAL CIRCUIT OF ILLINOIS MCLEAN COUNTY No. 98 L 56 ATTORNEYS FOR PLAINTIFFS WALKER & WYLDER, Ltd. 207 W. Jefferson St. P.O. Box 3455 Bloomington, IL 61702-3455 309-828-5044 309-827-2742 (fax) ATTORNEYS FOR OWENS CORNING FIBERGLAS Mike Maher O'Hagen, Smith & Amundsen, 150 N. Michigan Ave. Suite 3300 Chicago, IL 60601 LLC 312-781-285 312-781-2860 (fax) ATTORNEYS FOR OWENS-ILLINOIS, INC. Robert Riley Schiff, Hardin & Waite 7200 Sears Tower Chicago, IL 60606 312-876-1000 312-258-5600 (fax) ATTORNEYS FOR PNEUMO ABEX CORPORATION Robert W. Scott Swain, Hartshorn & Scott 411 Hamilton Blvd., Suite Peoria, IL 61602-1104 1806 309-637-1700 309-637-1708 (fax) ATTORNEYS FOR METROPOLITAN LIFE INSURANCE COMPANY Mark E. Rakoczy Skadden, Arps, Slate, Meagher & Flom 333 W. Wacker, Suite 2100 Chicago, IL 60606 312-407-0700 312-407-0411 (fax) ATTORNEYS FOR PITTSBURGH CORNING CORPORATION Nicole C. Behnen Polsinelli, White, Vardeman 100 S. Fourth Street, Suite St. Louis, MO 63102 & Shalton 1110 314-231-1950 314-231-1776 (fax) ATTORNEYS FOR PPG INDUSTRIES, INC., and RAPID AMERICAN CORPORATION Kirk Holman Hinshaw & Culbertson 2205 E. Empire Bloomington, IL 61704-3641 309-662-6997 309-662-1169 (fax) 9 J 9137 ATTORNEYS FOR ARMSTRONG WORLD INDUSTRIES, INC., and UNITED STATES GYPSUM COMPANY Christopher P. Larson Heyl, Royster, Voelker & Allen 124 S.W. Adams, Suite 600 Peoria, IL 61602 309-676-0400 309-676-3374 (fax) ATTORNEYS FOR FIBREBOARD CORPORATION Michael Connelly Connelly & Schroeder One N. Franklin, Suite Chicago, IL 60606 1200 312-251-9600 312-251-9601 (fax) ATTORNEYS FOR SPRINKMANN SONS CORPORATION Cathy A. Stephens Molchin 4909 Sir Lionel Ct. Mapleton, IL 61547 (309) 633-0935 (309) 633-0936 (fax) 2 STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL DISTRICT COUNTY OF MCLEAN EDWARD TOTTERER, Plaintiff, vs. OWENS CORNING FIBERGLAS CORPORATION, et al.; Defendants. ) ) ) ) ) ) No. 98 L 82 UNITED STATES GYPSUM COMPANY'S RESPONSES TO PLAINTIFF'S FIRST SET OF INTERROGATORIES PREFATORY STATEMENT United States Gypsum Company (hereinafter "U.S. Gypsum") has, to the best ofits abilities, gathered non-privileged documents into a document repository for inspection by plaintiffs' counsel in response to requests for production served in asbestos litigation. These documents provide information that supplements and expands upon that provided in these answers to Interrogatories. Accordingly, by way offurther response to these Interrogatories, U.S. Gypsum hereby offers to make available these documents at a mutually convenient time at its offices at 125 S. Franklin Street, Chicago, Illinois. In giving its responses to Interrogatories as to asbestos-containing products, U.S. Gypsum refers to products containing commercial asbestos as part oftheir formulation and to the type of commercial asbestos used as part ofthe formulation. OBJECTIONS U.S. Gypsum objects to the manner in which plaintiffhas defined U.S. Gypsum to the extent that plaintiff purports to include in its definition ofU.S. Gypsum "all agents, employees, officials, officers, executives, directors, consultants and any others who directly or indirectly 1 NOV 3 0 Pt represent in any manner the defendants" and "the defendants and any predecessors." In that U.S. Gypsum Company is the named defendant, this definition is overly broad and would require U.S. Gypsum to engage in unduly burdensome research, divulge privileged information and produce privileged documents. This defendant. United States Gypsum Company, responds to these Interrogatories on behalf of itself. U.S. Gypsum further objects to these Interrogatories to the extent they seek information or documents protected by the attorney-client privilege and the work product rule and to the extent they seek trial preparation or expert materials or documents. Finally, U.S. Gypsum objects to these Interrogatories to the extent they ask for "identification" ofvoluminous documents on the ground that they are overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. As set forth infra. U.S. Gypsum will produce documents which are the proper subjects of an appropriate document request. RESPONSES TO INTERROGATORIES 1. State the exact name, date and state ofincorporation ofthe corporation providing the answers to these interrogatories and the name ofthe agent or officer who has taken the "reasonable steps to search the `corporate memory' ofthe corporation (1) investigating the contents ofthe corporation's records, and (2) trying to ascertain the knowledge of other corporate agents" as required in Campen v Executive House Hotel, Inc., 105 HI. App. 3d 576, 587 (IstDist. 1982). RESPONSE: The exact name ofthis defendant is United States Gypsum Company. The state of incorporation for this defendant is Delaware. 2 S.P. Bjorklund, Manager, Financial and Business Analysis, United States Gypsum Company, has reviewed these Responses for the purpose of satisfying the verification requirements. These Responses have been prepared based on the continual review of documents located in this defendant's files and information obtained from discussions with this defendant's employees over a period of many years. It is not possible to reconstruct each step taken to gather this information or to verify all documents which might possibly pertain to the matters at issue that have been located or examined in connection with these Responses. Nor is it possible to specifically identify by name each person who has participated in the preparation ofthese Responses or to identify each document which may have provided information used in preparing these Responses. 2. Pursuant to Illinois Supreme Court Rule 213(f), provide the name and address of each witness who will testify at trial and state the subject of each witness' testimony. ISC Form Int. 23. RESPONSE: Unknown at this time. This defendant reserves the right to supplement this response. 3. Pursuant to Illinois Supreme Court Rule 213(g), provide the name and address of each opinion witness who offer any testimony and state:(a) the subject matter on which the opinion witness is expected to testify, (b) the conclusions and/or opinions ofthe opinion witness and the basis therefore, including reports of the witness, if any, (c) the qualifications of each opinion witness, including a curriculum vitae and/or resume, if any, (d) the identity of any written reports of the opinion witness regarding the occurrence. ISC Form Int. 24. 3 RESPONSE: See Answer to Interrogatory No. 2. 4. Have you (or anyone acting on your behalf) had any conversations with any persons at any time with regard to the manner in which the occurrence complained of occurred, or have you overheard any statements made by any person at any time with regard to the (injuries) (loss) complained ofby the plaintiff or the manner in which the occurrence complained of occurred? Ifthe answer to this interrogatory is in the affirmative, state the following: (a) the date or dates of such conversations and or statements,(b) the place of such conversations and/or statements, (c) all persons present for the conversations and/or statements, (d) the matter and things stated by the person in the conversations and/or statements, (e) whether the conversation(s) was oral, written and/or recorded, (f) who has possession ofthe statement ifwritten and/or recorded. ISC Form Int. 9. RESPONSE: No. 5. Do you know of any statements made by any person relating to the occurrence? If so, give the name and address of each such witness, the date ofthe statement, and state whether such statement was written and/or oral. ISC Form Int. 10. RESPONSE: No. 6. If any private firm or company adjuster has been directed to investigate the occurrence or ask questions of persons who may have knowledge offacts concerning the occurrence, state the full name and address of each such firm or adjuster. RESPONSE: None. 7. Ifyou have any information regarding Edward Totterer's physical condition other than that information furnished you by plaintiff's counsel, state the nature ofthe information. 4 the name and address of it's source, and if documentary in nature, its present location. RESPONSE: None. Investigation continues. . 8. Were any photographs, movies and/or videotapes taken ofthe scene ofthe occurrence or ofthe persons involved? If so, state the date or dates on which such photographs, movies and/or videotapes were taken, the subject thereof, who now has custody ofthem, and the name, address and occupation and employer ofthe person taking them. ISC Form Int. 8. RESPONSE: None by this defendant. 9. Ifyou were named or covered under any policy of insurance which provides coverage for any claim stated in the complaint, state as to each policy: the name ofthe company, the policy number, the effective period, the maximum liability limits, what amounts, if any, have been previously paid under the policy which in the opinion of the carrier reduces the coverage available, whether the carrier denied coverage or tendered defense under a reservation of rights, whether the policy contains any first party medical pay or disability coverage, and, if so, describe the coverage, and which, if any, ofthe carriers listed in your answer is providing a defense to this suit. RESPONSE: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. 10. State the following about each current employee ofthe defendant who has a medical degree: name, business address, job title, and whether the person completed a residency in either public health or occupational medicine. RESPONSE: No current employee ofthis defendant has a medical degree. 11. State the following about each current employee ofthe defendant who is an industrial 5 hygienist: name, business address and job title. RESPONSE: This defendant employed F. Tremmel as an industrial hygienist from August 4, 1986 to June 21, 1988. He was succeeded in that position by R. P. Musselman, Corporate Toxicologist. Prior to August 4, 1986, this defendant did not employ a certified industrial hygienist. This defendant employed H. Lawton as an industrial hygienist from 8/17/87 to 12/90 and H. C. Brown as an industrial hygienist from 9/28/87 to 11/90. 12. Has the defendant ever had one or more persons whose primary responsibility including looking after or monitoring the health of the defendant's employee's, such as a medical director? If so, state the following as to each person who has held this position: (a) the name and address of the person, (b) the name ofthe position he or she held, (c) the dates during which he or she held the position, (d) the address of his or her office during the time he or she held the position, (e) state whether there was a written job description for that position at that time, (f) ifthere was a written job description, set forth the words of the description or attach a copy hereto. RESPONSE: a-d) Objection. This defendant objects to the phrase "looking after or monitoring the health of defendant's employees" as being vague and ambiguous. In addition, there has been no allegation that plaintiffwas ever an employee ofthis defendant. Therefore, this Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving these objections, U. S. Gypsum's ChiefMedical Officers: C.A. Hedblom, M.D., 101 South Wacker Drive, Chicago, Illinois, 1974 to 8-31-89 (retired). 6 W. Highstone, M.D. - 1939 to 1974 (deceased). In addition, U. S. Gypsum retained or consulted "outside doctors" who provided services to its employees. See attached Exhibit Number 1. e-f) The Medical Director operated a medical facility in Company general offices; conducted and managed a medical program; and furnished counsel as required to assure the health and well being of Company employees. Medical Director reported to the Vice President ofPersonnel. 13. Has defendant ever directed or contributed money toward a study ofthe effects of asbestos upon the health of animals and man? If so, state the following as to each such study: a) the description or title ofthe study, b) the dates during which it was made, c) brief description ofthe study, d) whether any ofthe results were reported in written form, and if so, who now has a copy ofthe report. RESPONSE: The following is a brief description ofnonpiivileged testing regarding asbestos or asbestos-containing materials which has been conducted by, on behalf of or with assistance from U.S. Gypsum. The documents involved speak for themselves regarding the specific tests. Nonprivileged documents relating to the studies and reports referenced below will be made available for plaintiffs inspection. In addition, there are unauthenticated documents relating to Dr. Gardner's Saranac study which U.S. Gypsum believes are in the possession of or available to plaintiffs counsel. In an attempt to be responsive to interrogatories, the testing has been categorized and divided as follows: A. Fiber Release 7 U. S. Gypsum is aware of tests which were performed to measure the release of asbestos fibers during the mixing and sanding ofjoint compounds in the early 1970's. . U. S. Gypsum retained an expert, Dr. Morton Com, to perform two studies, both in Illinois: the first, a study of the ceiling at U. S. Gypsum's corporate headquarters in Chicago in 1982; the second, at the William A. Duguid Company in Des Plaines in 1984. Additionally, in 1983 there was testing performed by the Ontario Research Foundation with respect to the non-friability ofU. S. Gypsum's acoustical plaster, Audicote. Tests were conducted for U. S. Gypsum in 1965 by Boyle Engineering Laboratory on Firecode plaster for the purpose of determining surface erosion or dusting during high air velocity. In 1984 the Ontario Research Foundation began a study that was intended to monitor the air during encapsulation to measure asbestos fiber levels. The study, however, was not completed. Also, in 1985, Dr. Morton Com conducted a study at the William A. Duguid Company, the purpose of which was to determine whether asbestos fibers were released during the process of encapsulation. In 1985 U.S. Gypsum conducted air sampling tests before, during and after encapsulation of acoustical plaster, not manufactured by U.S. Gypsum, in the Yorkville, Illinois schools. Certain samples were taken from these schools, and certain testing was performed in 1987 on them by the Illinois Institute of Technology Research Institute (HTRI). IITRI's testing program was not completed. B. Plant Dust Surveys In the 1930's, Dr. Leroy U. Gardner of the Saranac Laboratories conducted investigations of U.S. Gypsum's New Brighton and Oakfield, New York facilities. In addition, in 1936 U.S. Gypsum retained Dr. Gardner to conduct an investigation of its Jersey City manufacturing plant. 8 within months after its purchase. Beginning in the 1950's, surveys were conducted at various U.S. Gypsum plants. These involved studies of nuisance dusts, one ofwhich was asbestos.C. Research Reports U. S. Gypsum has undertaken research projects concerning various performance parameters of its products. D. Doctor Gardner's Saranac Study U.S. Gypsum contributed to a study conducted beginning approximately 1936 by Dr. Gardner ofthe Saranac Laboratory. E. Survey of Airborne Fibers Clayton Environmental Consultants, Inc. was retained by U.S. Gypsum in 1985 to conduct air sampling for asbestos at U.S.Gypsum's building at 101 South Wacker Drive, Chicago, Illinois. Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U. S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. 14. Have there been any studies ofthe effect of asbestos upon the health of any of defendant's employees? If so, state: a) the description or title ofthe study, b) the dates during which it was made, c) the location or locations ofthe plants at which the employees were employed, d) the number of employees studied, e) brief description ofthe study, f) whether any ofthe results were reported in written form, and if so, who now has a copy of the report. RESPONSE: No formal medical "studies" ofthe effect of asbestos upon the health of employees, as that term is understood by this defendant, have been conducted at this defendant's 9 plants. However, to the extent that this interrogatory seeks data generated in industrial hygiene surveys ofthis defendant's plants, that included but were not limited to determining levels of asbestos and X-rays of certain employees, a number of such surveys have been conducted, including but not limited to surveys conducted by the Saranac Laboratory at the Jersey City, New Brighton and Oakfield plants in the 1930's and 1940's, and a series of surveys conducted by National Loss Control Services Corporation (NATLSCO) at defendant's plants in the 1970's. Copies of reports of such surveys and other non-privileged responsive documents will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, 1L. 15. Have there been any instances where asbestos was a cause oflung cancer in man? RESPONSE: Objection. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to offer. 16. How much asbestos is necessary to cause lung cancer in man? RESPONSE: Objection. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to make. 17. What is the maximum amount of asbestos to which an individual can be exposed without increasing the risk that the individual will contract lung cancer? RESPONSE: Objection. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to make. 18. Has defendant issued a warning about the relationship between asbestos and mesothelioma? If so, state as to each warning: a) the language ofthe warning, b) date first issued or distributed, c) date last issued or distributed, d) the method of communication or 10 distribution used, e) the name, position at that time, and current address, position and employer of each person ordering or recommending the warning. . RESPONSE: See attached Exhibit Number 2. 19. Ifyour answer to the preceding interrogatory was affirmative, list the name and address of each employee of defendant who was responsible to investigate whether the warning was reaching the persons who were breathing or ingesting sufficient amounts of asbestos to be at risk of contracting mesothelioma. RESPONSE: See this defendant's response to Interrogatory Number 18. 20. List the names and addresses of all other persons (other than persons heretofore listed) who have knowledge of the facts ofthe occurrence and/or the injuries and damages claimed to have resulted therein. ISC Form Int. 25. RESPONSE: Unknown at this time. Investigation continues. 21. Identify any statements, information and/or documents known to you and requested by any ofthe forgoing interrogatories which you claim to be work product or subject to any common law or statutory privilege, and with respect to each interrogatory, specify the legal basis for the claim as required by ISCR 201(n) ISC Form Int. 26. RESPONSE: None. 22. List all statements, oral, videotaped, or court reported, signed or unsigned (including date, county, case name and number) from those persons listed in response to Interrogatory Numbers 2 and 3. RESPONSE: See Answer to Interrogatory No. 2. 23. List all statements by parties in this case, whether oral, written, videotaped, or court 11 reported, signed or unsigned, to some person or entity. RESPONSE: Objection, overly broad and incapable of response. 27453 12 Plant Clinics and Medical Personnel Retained/Consulted 1930- 1976 Oakfield. New York R. C. Warn, M.D. J. Diasio, M.D. . Chamblee. Georgia H. M. Schreeder, M.D. W. C. McGraw, M.D. Greenville. Mississippi J. B. Hirsch, Sr., M.D. O. Beck, M.D. J. B. Hirsch, Jr., M.D. Corsiciana. Texas A. L. Grizzafi, M.D. Dallas. Texas Launey Medical & Surgical Clinic D. G. Launey, M.D. S. L. Gilbert, M.D. F. C. Atkinson, M.D. R. F. Duchouquette, M.D. W. D. Stevenson, M.D. D. H. Waddell, M.D. R. R. Henry, M.D. Z. L. Dameron, M.D. W. D. Lee, M.D. A. H. Teddle, M.D. Trinity Medical Clinic Jacksonville. Florida J. H. Mitchell, M.D. J. L. Mitchell, M.D. EXHIBIT 1 Plasterco. Virginia J. A. Soyars, M.D. P. W. Cowherd, M.D. Sweetwater. Texas C. A. Rosebrough, M.D. A. H. Fortner, M.D. S. A. Loeb, M.D. J. K. Richardson, M.D. T. D. Young, M.D. F. Hood, M.D. R. L. Price, M.D. Detroit. Michigan R. L. St. Louis, M.D. K. Hergt, M.D. East Chicago. Indiana R. J. Liehr, M.D. F. F. Boys, M.D. F. A. Benchik, M.D. G. A. Thegze, M.D. J. Demkowicz, R.N. Fort Dodge. Iowa Fort Dodge Medical Center T. J. Michelfelder, M.D. C. L. Dagle, M.D. M. E. Kraushaar, M.D. J. J. Landhuis, M.D. G. L. LeValley, M.D. J. W. Rathke, M.D. R. H. Brandt, M.D. J. R. Kersten, M.D. W. C. Robb, M.D. H. H. Kersten, M.D. R. E. Woodard, M.D. Gypsum. Ohio C. J. Yeisley, M.D. A. J. Miessner, M.D. P. Hughes, M.D. K. Ritter, M.D. K. Akins, M.D. M. Jennings, R.N. Shoals. Indiana E. B. Lett, M.D. R. E. Chattin, M.D. Empire. Nevada Sparks Medical Clinic J. M. Watson, M.D. M. Raymond, M.D. J. C. Kelly, M.D. F. C. Stokes, M.D. Torrance. California P. Casey, M.D. J. Anable, M.D. Dr. Cook South Gate. California H. Caesar, M.D. Family Medical Clinic (Various physicians. Names unavailable.) Firestone Medical Group (Various physicians. Names unavailable.) Tacoma. Washington B. Archer, M.D. Walworth. Wisconsin D. R. Hansen, M.D. I. J. Bruhn, M.D. J. A. Carroll, M.D. A. C. Sapida, M.D. Walworth Family Medical Center 3 Boston. Massachusetts V. Rubin, M.D. E. Staffier, M.D. A. C. Leavitt, M.D. Sullivan Square American Mutual Insurance Clinic Massachusetts General Hospital Clark. New Jersey C. T. Decker, M.D. F. B. Nelson, M.D. C. F. Dent, M.D. ' E. E. Goe, M.D. S. Wexler, M.D. Oakmont Pennsylvania C. E. Piper, M.D. F. W. Nicklas, M.D. H. Hagan, M.D. Citizens General Hospital Franklin Park. Illinois Northwest Medical Clinic LTD. L. Devira, M.D. Franklin Park Medical Center V. Oelrich, R.N. Rosemont- Illinois 0'Hare Industrial Clinic Fahey Medical Center Rush Presbyterian - St. Lukes Occupational Health Center Galena Park. Illinois J. Nichols, M.D. Deaton Clinic Sigurd. Utah T. D. Bard, M.D. R. E. Noyes, M.D. R. N. Malouf, M.D. J. G. McGuarrie, M.D. G. A. Buchanan, M.D. J. B. ClufF, M.D. 4 Genoa. Ohio E. D. Schuiteman Norfolk. Virginia E. R. Altizer, M.D. W. H. Whitmore, M.D. G. A. Duncan, M.D. F. Walter, M.D. A. A. Burke, M.D. R. L. Payne, M.D. J. L. Rosenthal, M.D. P. B. Parsons, M.D. J. Sakakini, M.D. K. Jones, M.D. V. H. Ober, M.D. Dr. Albanese J. Foster, M.D. G. G. Hollins, M.D. Dr. Labstein J. M. Ratliff, M.D. J. A. Vann, M.D. C. B. Trower, M.D. R. W. Adams, M.D. R. R. Powell, M.D. C. Pole, M.D. G. A. Duncan, M.D. D. E. Pryor, M.D. E. A. Buchan, M.D. Dr. Kuehn Santa Fe Springs. California J. W. Raber, M.D. Raber Industrial Medical Group Morrow. Georgia N. Bateman, M.D. Stony Point. New York Dr. Borsinger Dr. Natelson Dr. Zuka Nyack Hospital Sperry. Iowa H. M. Patterson, D.O. J. F. Roules, M.D. Burlington Medical Center Wabash. Indiana F. Whistler, M.D. R. M. LaSalle, Jr., M.D. R. M. LaSalle, Sr., M.D. R. M. LaSalle, M.D. W. D. Boaz, M.D. P. Ferguson, M.D. F. Smymiotis, M.D. J. E. Haughn, M.D. LaSalle Clinic Baltimore. Maryland C. C. Chiu, M.D. F. G. Mainolfi, M.D. Fort Medical Center North Kansas City. Missouri Industrial Clinic North Fairfax Industrial Medical Clinic New Orleans. Louisiana B. Pardue, M.D. J. Dean, M.D. Downman Road Clinic Southard. Oklahoma R Richardson, M.D. R. Kirby, M.D. T. Perry, M.D. Southard. Oklahoma continued R. Tavlin, M.D. K. Godfrey, M.D. R. McLauchlin, M.D. M. Carter, M.D. C. H. Williams, M.D. B. D. Dotter, M.D. F. Crowe, M.D. D. Lagan, M.D. G. Worchester, M.D. Warren. Ohio R. Willoughby, M.D. Birmingham. Alabama Thuss Clinic W. G. Thuss, M.D. R. J. Smith, M.D. Union City. Tennessee J. H. Ragsdale, M.D. R. E. Clendenin, M.D. R. G. Latimer, M.D. J. K. Avery, M.D. L. W. Jones, M.D. H. Butler, M.D. J. Campbell, M.D. Doctor's Clinic of Union City Alabaster. Michigan J. J. Austin, M.D. H. Brinkman, M.D. M. E. Field, M.D. J. R. Gehman, M.D. J. W. Grigg, M.D. M. Gueramy, M.D. H. R. Hess, O.D. J. E. Jaques, M.D. L. Kelley, M.D. V. W. Kershul, M.D. L. A. Lambert, M.D. L. A. Laporte, M.D. O. W. Mitton, M.D. Alabaster. Michigan continued R. Morin, M.D. N. Payea, M.D. R. J. Ruda, M.D. G. L. Schaiberger, M.D. J. M. Schuele, M.D. R. L. Sutton, M.D. Z. E. Taheri, M.D. W. Williams, M.D. Kearny. New Jersey Plant closed J. Borino, M.D. J. Grand Fest, M.D. Boonton. New Jersey Acquired 1985 Camden. New Jersey Plant closed A. Marks, M.D. Occupation Health Services Trenton. New Jersey Plant closed P. Albert, M.D. Helene Fuld Medical Center Paulsboro. New Jersey Acquired 11/30/87 New Brighton. New York Plant closed H. Crane, M.D. F. Tellefsen, M.D. E. Morris, M.D. Saint Vincent's Hospital Staten Island Hospital Port Reading. New Jersey Acquired 6/76 Fremont. California Acquired 1983 Philadelphia. Pennsylvania Plant sold Conyers. Georgia Acquired 12/10/80 Mansfield. Texas Acquired 8/81 Spruce Pine Acquired 5/12/79 LaMirada. California Acquired 6/81 U.S. Gypsum has no information on medical personnel for the plants at Jersey City, NJ; St. Paul, MN; Midway, IL; South Plainfield, NJ; Midland, CA; Heath, MT; Loveland, CO; Milwaukee, WI; Nephi, UT; and Philadelphia, PA, which are now closed. In addition, no record information is available for Plaster City, CA. U.S. Gypsum has no information for the plant at Red Wing, for years prior to 1985. U.S. Gypsum owned Red Wing in the mid-1960's prior to selling the plant to Conwed Corporation, and USG Acoustical Products, Company (now USG Interiors, Inc.) reacquired the facility in late 1985. 9 EXHIBIT 2 U. S. Gypsum utilized warnings to applicators consistent with OSHA guidelines on its joint treatment products beginning in 1972, on texture products beginning in 1973, and on certain industrial plaster products in 1975. The language of the warning was as follows: "Caution: Contains Asbestos Fibers. Avoid Creating Dust. Breathing Asbestos Dust May Cause Serious Bodily Harm." In 1974, the above warning was modified by adding the following on joint compound products: "Observe the following precautions: Wet sanding or sponging finished joints is recommended rather than dry sanding to avoid creating dust. If dry sanding, mixing, or otherwise working in a dusty atmosphere containing this material, ventilate, use dust collector, or wear eye protection and a respirator approved by the Bureau of Mines or NIOSH, to remove nuisance dust." . Concering SprayDon, a product sold and distributed by Sprayon Research Corporation, manufactured by U. S. Gypsum according to Sprayon's specifications, the folowing appeared on SprayDon bags in approximately June, 1966: "Contains Asbestos." The following appeared on SprayDon in subsequent years: "Caution: This product contains asbestos." (1968) "Caution: This product contains asbestos which may be harmful to lungs if inhaled." (1969) Concerning Super-tite Wet Patch, an adhesive manufactured by W. W. Henry Company and resold by U. S. Gypsum, die following appeared on the labe for this product after 1972: "Contents: Asphalt Petroleum Spirits, Asbestos Fiber." U. S. Gypsum presently believes that during the period 1969 - 1973, asbestos was listed as a separate ingredient for its texture product, Imperial QT. Investigation is continuing. STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) VERIFICATION I, S. P. Bjorklund, declare: I am the Manager, Financial and Business Analysis, of United States Gypsum Company, one of the above named defendants, and am authorized to make this verification for and on behalf of said company; I have read the foregoing Answers, Objections, and other Responses to Plaintiffs First Set of Interrogatories and am informed and believe that the same is true and on that ground allege that the matters therein stated are true. I declare, under penalty of perjury, that the foregoing is true and correct, and that this declaration was executed on\ i in Chicago, Illinois. Subscribed and sworn to before me this day of N\ome m&Q., 1998. Notary Public ! TIMOTHY KOUBA NOTARY PUBLIC, STATE OF ILLINOIS UY COMMISSION EXPIRES 11-12-2000 PROOF OF SERVICE The undersigned certifies that a copy ofthe foregoing instrument was served upon the . attorneys of record of all parties to the above cause by enclosing the same in an envelope addressed to such attorneys at their business address as disclosed by the pleadings ofrecord herein, with postage fully prepaid, and by depositing said envelope in a U.S. Post Office Box Peoria, Illinois, on the day ofNovember, 19 See attached service list. STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL DISTRICT COUNTY OF MCLEAN - EDWARD TOTTERER, vs. Plaintiff, OWENS CORNING FEBERGLAS CORPORATION, et al., Defendants. ) ) ) ) ) ) No. 98 L82 UNITED STATES GYPSUM COMPANY'S RESPONSES TO PLAINTIFF'S FIRST REQUEST FOR PRODUCTION PREFATORY STATEMENT United States Gypsum Company (hereinafter "U.S. Gypsum") has, to the best ofits abilities, gathered non-privileged documents into a document repository for inspection by plaintiffs' counsel in response to requests for production served in asbestos litigation. These documents provide information that supplements and expands upon that provided in these answers to Requests. Accordingly, by way offurther response to these Requests, U.S. Gypsum hereby offers to make available these documents at a mutually convenient time at its offices at 125 S. Franklin Street, Chicago, Illinois. In giving its responses to Requests as to asbestos-containing products, U.S. Gypsum refers to products containing commercial asbestos as part oftheir formulation and to the type of commercial asbestos used as part ofthe formulation. OBJECTIONS U.S. Gypsum objects to the manner in which plaintiffhas defined U.S. Gypsum to the extent that plaintiff purports to include in its definition ofU.S. Gypsum "predecessors in interest, 1 NOV 3 0 subsidiaries, and successors-in-interest ofthe corporate defendant." In that U.S. Gypsum is the named defendant, this definition is overly broad and would require U.S. Gypsum to engage in unduly burdensome research, divulge privileged information and produce privileged documents. This defendant, United States Gypsum Company, responds to these Requests on behalf of itself. U.S. Gypsum further objects to these Requests to the extent they seek information or documents protected by the attorney-client privilege and the work product rule and to the extent they seek trial preparation or expert materials or documents. Finally, U.S. Gypsum objects to these Requests to the extent they ask for "identification" ofvoluminous documents on the ground that they are overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. As set forth infra. U.S. Gypsum will produce documents which are the proper subjects of an appropriate document request. RESPONSES TO REQUESTS FOR PRODUCTION 1. Each different telex or other document by which McKinney ofJohns-Manville invited representatives ofvarious companies, including USG, to a meeting on May 22, 1979, and all documents concerning, and minutes of, that meeting. RESPONSE: After reasonable search, this defendant is currently unable to locate within its possession or control a document or documents as generally described in Request Number 1. In this Response, this defendant is unable to state whether or not it ever received a document or documents generally described in Request Number 1 or whether such documents may be in this defendant's possession or control currently. Rather, the lack of specificity in the documents' description does not provide enough information for this defendant to respond further. 2 2. All documents regarding any other meeting of representatives ofthree or more ofthe companies named in the memorandum regarding the CEO Meeting ofMay 22, 1979. RESPONSE: See this defendant's response to Request Number 1. 3. Its original records (or if the originals are not available then the best available copies) of sales or shipment of products to: Mechanical Insulation. AC&S, Babcock & Wilcox Construction Company, Brand Insulation, A&M Insulation, Sprinkman Insulation, PCM Fabrication, EB Insulation, ECF. RESPONSE: Records maintained in the normal course of this defendant's business do not identify the ultimate user of this defendant's products or where such products were installed. By way of further response, prior to 1966, this defendant sold its construction products exclusively through independent dealers. Beginning in or about 1966, this defendant sold its construction products either directly to independent contractors, independent distributors or, as had previously been the custom, through independent dealers. This defendant has no sales records for the years prior to 1965, other than records of gross sales of individual products by plant. Sales records thereafter are contained in computer printouts. Records of products which the plaintiff1 can establish were relevant to the subject matter ofthis lawsuit will be made available for inspection at a mutually convenient time at 125 South Franklin Street, Chicago, IL 60606. Other non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 4. All witness statements, of any sort, whether signed or unsigned, of any person having 3 knowledge of the facts of this case, excluding only those privileged against disclosure at trial, in the possession or under the control of defendant and/or an attorney representing it in this or any other asbestos disease litigation. RESPONSE: None. 5. All data as to the physical or mental condition of Edward Totterer, excluding all documents provided you by plaintiffs counsel and excluding all documents, copies of which have already been provided plaintiffs counsel through formal discovery. RESPONSE: None. 6. All photographs, slides, motion pictures, models, maps, sketches, diagrams or drawings depicting the decedent or any location at which he worked. RESPONSE: None. Investigation continues. 7. All photographs, models, sketches or diagrams of any of the products involved in this litigation. RESPONSE: Objection. This Request is overbroad and unduly burdensome in that it is not limited to those asbestos containing products manufactured by this defendant which plaintiffs can herein establish are relevant to this litigation. If plaintiffs can demonstrate which of this defendants's asbestos containing products they may have utilized, this defendant will make available to plaintiff responsive, non-privileged documents relative to such products, to the extent they exist, at a mutually convenient time at its offices at 125 South Franklin Street, Chicago, IL. 8. All pamphlets, brochures or other documents prepared, distributed or utilized by defendant to advertise or promote asbestos containing products during the 1930's through 1970's. 4 RESPONSE: This defendant maintains no central repository for the accumulation ofthe requested information in the ordinary course of business. Documents that have already been identified and gathered to respond to discovery requests in other litigation and that relate to products which plaintiff can establish are relevant to this litigation, will be made available for inspection at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 9. All medical articles, case reports, textbooks or other documents which relate to any "state- of-the-art" defense you will present. RESPONSE: Objection, overly broad and incapable of response. 10. A transcript (including exhibits) of each instance where an expert witness has testified in support of defendant's "state-of-the-art" defense in asbestos disease litigation. RESPONSE: Objection, overly broad and incapable of response. 11. All notes or reports of interview of any person having or claiming to have knowledge of the facts or circumstances of this cause. RESPONSE: None. 12. All reports, notes, letters, memoranda, or other documents showing or purporting to show what Edward Totterer was told about the relationship between asbestos dust and health. RESPONSE: None. Investigation continues. 13. All reports, notes, letters, memoranda, or other documents showing or purporting to show what Edward Totterer knew about the relationship between asbestos dust and health. RESPONSE: Unknown at this time. Investigation continues. 14. All medical records of those present or former employees of defendant who have filed 5 claims for worker's compensation or occupational disease benefits alleging an injury or disease from exposure to asbestos and all personnel and employment records whichevidence or reflect the duration, quantity and quality of his or her exposure to asbestos while employed by defendant. RESPONSE: Objection. There has been no allegation that plaintiffwas ever an employee of this defendant. Therefore, this Request is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Additionally, this defendant objects to this request to the extent tit seeks information which is neither relevant to the subject matter of the pending action nor reasonably calculated to lead to the discovery of admissible evidence. Further, this defendant objects to the production of confidential medical records of employees or former employees whose consent for such production has not been obtained. Finally, this defendant objects to this Request to the extent it seeks information which is protected from discovery by virtue of attorney client privilege or the attorney work product doctrine. Without waiving these objections, this defendant will make available to plaintifffor its inspection and review, workmen's compensation face sheets alleging asbestos related injuries, as noted on those face sheets. 15. Each written warning, caution or other document which was intended by defendant to reach those persons who could breathe or ingest the asbestos from asbestos containing products manufactured and/or sold by defendant. RESPONSE: Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 6 16. A transcript (including exhibits) of each instance where an employee of defendant testified at deposition or trial in asbestos disease litigation. - RESPONSE: Objection. This Request is overly broad and unduly burdensome. Furthermore, as plaintiffs counsel is aware, this defendant has been involved in litigation regarding asbestos- containing products for a number of years, and a request for all transcripts appears calculated solely to harass this defendant. 17. A transcript (including exhibits) of each instance where an individual whom defendant listed, retained or called as an expert witness, testified at deposition or trial in asbestos disease litigation. RESPONSE: Objection. This Request is overly broad, unduly burdensome and not calculated to produce relevant, admissible evidence to the extent that the Request pertains to "expert witnesses" who have not been retained in this case. With respect to expert witnesses retained for this case by this defendant, this defendant will provide all appropriate discovery in accordance with the Rules of Civil Procedure. 18. Defendant's last three annual reports. RESPONSE: Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 19. A list of the names, addresses and employers of each person involved or consulted in the preparation of your response to this Request. RESPONSE: S. P. Bjorklund, Manager, Financial and Business Analysis of United States Gypsum Company, has reviewed these Responses for the purpose of satisfying the verification 7 requirements. These Responses have been prepared based on the continual review of documents located in this defendant's files and information obtained from discussions with this defendant's employees over a period of many years. It is not possible to reconstruct each step taken to gather this information or to verify all documents which might possibly pertain to the matters at issue that have been located or examined in connection with these Responses. Nor is it possible to specifically identify by name each person who has participated in the preparation ofthese Responses or to identify each document which may have provided information used in preparing these Responses. 20. The results of all tests performed by, at the direction of, or known to United States Gypsum Company regarding the maximum distance that an asbestos particle can travel through the air. RESPONSE: Objection. This request is vague, ambiguous, overbroad, irrelevant, immaterial and is not reasonably calculated to lead to the discovery of admissible evidence. In addition, this request improperly assumes facts which are not in evidence and which are the issues in controversy in this lawsuit. 21. The results of all tests performed by the Saranac Laboratory at the direction of, or known to United States Gypsum Company. RESPONSE: Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 22. The results of all tests performed by, at the direction of, or known to United States Gypsum Company regarding the maximum time that an asbestos particle can remain 8 airborne. RESPONSE: See this defendant's response to Request Number 20. 23. The results of all tests performed by, at the direction of, or known to United States Gypsum Company regarding the minimum quantity of asbestos necessary to induce mesothelioma. RESPONSE: Objection. This Request calls for a medical conclusion which no employee of this defendant is qualified to make. Without waiving this objection, non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, EL. 24. Each policy of insurance, including all excess and umbrella policies, which may be construed to provide coverage for the claim stated in the Complaint. RESPONSE: Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, EL. 25. All documents reflecting payments or agreements for payments made under any of the policies described in the preceding paragraph which the carrier claims or could claim as a full or partial exhaustion ofthe policy limits or otherwise affect the amount of coverage available in this case. RESPONSE: Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 26. Its original records (or if the originals are not available then the best available copies) of 9 the following documents: 1. 01/27/48 Brown to companies 2. telex to ABEX re 05/22/79 meeting of CEOs of asbestos-producing companies 3. list of CEOs attending 05/22/79 asbestos producers meeting 4. 11/20/36 Saranac agreement 5. 1951 Vorwald, "Experimental Studies of Asbestosis" 6. 12/10/34 letter Brown to Lanza 7. 12/15/34 letter Hobart to Brown 8. 12/18/34 letter Brown to Judd 9. 12/21/34 letter Brown to Lanza 10. 12/24/34 letter Brown to Judd 11. 01/02/35 letter Judd to Brown 12. 09/25/35 letter "Asbestos" to Simpson 13. 10/01/35 letter Simpson to Brown 14. 10/03/35 letter Brown to Simpson 15.11/20/36 letter Brown to Gardner 16. 11/23/36 letter Gardner to Brown 17. 12/04/36 letter Brown to Stover 18. Q2/27/37 letter Brown to Simpson 19. 05/03/39 letter Brown to Simpson 20. 05/04/39 letter Simpson to Brown 21. 05/10/40 letter Brown to Simpson 10 22. 11/12/46 letter Brown to Bowditch 23. 02/24/43 Gardner to Brown with outline of proposed monograph 24. 05/07/52 first interim report on asbestosis and pulmonary cancer to QAMA 25. 10/27/48 Brown to sponsors 26. 03/31/51 Brown to sponsors 27. 11/12/48Kelly to Brown 28. 11/12/48 Brown to Kelly 29. 11/16/48 Kelly to Brown 30. Agenda, 08/11/83 asbestos claims conference 31. 07/13/83 O-I letter re 07/22/83 asbestos CEO meeting 32. 08/03/83 McWeeny letter to Manville, follow up to 07/22/89 CEO meeting 33. List of seventh Saranac attendees 34. Program for Seventh Saranac Symposium 35.11/05/85 Dr. Asher Yaguda letter to Arthur Mead re Gardiner Rainey 36. Fleischer-Drinker report 37. Dreessen report 38. Agenda for 06/91 TIMA meeting 39. Outline for proposed monograph on asbestosis 40. 08/04/47 Lynch to Vorwald 41. 08/01/47 Vorwald to Lynch 42. Unfinished Gardner report 43. 07/10/81 Castlemanto VanDiver Brown 11 44. 3 pages edited from 1948 Vorwald draft 45. 09/48 Vorwald draft 46. 04/06/63 Lynch to Krieg 47. 04/16/63 Lynch to Krieg 48. 08/22/39 Buell to McConnell 49. 03/03/49 Brown to companies 50. 04/54 Pratt reading autopsy for Sabourin 51. 1947 Pratt reading autopsy for Sabourin 52. 10/12/48 Durkan to Woodard 53. 10/22/48 Brown to Muehleck 54. 06/01/48 Woodard to Vorwald 55. 11/30/48 Woodard to Gatke 56. 1993 Morton Com letter 57. 06/11/51 Smith to McGaw 58. 01/11/71 Vyverbergto Saverstrom 59. NIMA pamphlet regarding asbestos 60. Minutes ACPA Health & Safety Council 61. 05/16/79 Manville memo regarding 05/22/79 asbestos CEO meeting 62. 07/19/83 agenda for 07/22/83 asbestos CEO meeting 63. 06/05/67 NIMA minutes 64. 10/10/67 NIMA minutes 65. 04/16/68 NIMA minutes 12 66. Saranac Laboratory to US gypsum vice president W. L. Keady: "Report ofDust Survey at National Asbestos Company Plant of United States Gypsum Company at -Jersey City, NJ" by V. L. Gardner 05/25/36 - 06/02/36 67. 08/13/36 memorandum to W. L. Keady from General Service Manager regarding Dust Survey at Jersey City 68. All progress reports received from VanDiver Brown at Johns-Manville regarding Saranac asbestos experiments 69. 09/16/37 sales manager C. G. Scharwath letter about former assistant bookkeeper of old National Asbestos Company 70. 09/29/37 response to C. G. Scharwath letter by J. S. Offiitt, Assistant to President 71. 10/08/37 note to price from Jersey City lawyer J. J. Cuneo 72. 10/28/37 Price reply to 10/08/37 note; 73. 1948 internal operations bulletin 74. 02/11/54 company bulletin: "Elimination ofDusty Conditions" Number 2-5 75. 06/08/50 letter from Ben Miriello with attached death certificate 76. 12/50 letter from Ben Miriello; 77. 12/27/50 reply to Ben Miriello 78. All materials from 09/19/67 meeting of the Gypsum Association 79. 07/23/73 memorandum to J. T. Allen, Jr. from C. M. Howard, Jr.: "Asbestos Pollution". RESPONSE: Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 27. All statements, by parties in this case, which are oral, written or court reported, signed or 13 unsigned, to some person or entity other than an attorney or insurer. RESPONSE: Objection, overly broad and incapable of response. 28. All business records and business documents ofUnited States Gypsum Company, including, but not limited to, memoranda, reports, tests, correspondence and literature. RESPONSE: Objection. This request is vague, ambiguous, overbroad and unduly burdensome. Additionally, this request is overbroad in scope oftime. This defendant discontinued manufacturing products with asbestos as part of their formulations in 1977. Inquiries into years subsequent to 1977 will not lead to the discovery of admissible evidence. Further, this Request is overbroad in that it is not limited to asbestos, the focus of this litigation. Without waiving these objections, non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time at this defendant's offices at 125 South Franklin Street, Chicago, IL. 29. All photographs, packaging, reports, labeling and samples pertaining to United States Gypsum Company asbestos containing products and asbestos packaging. RESPONSE: Objection. This Request is overbroad and unduly burdensome in that it is not limited to those asbestos containing products manufactured by this defendant which plaintiffs can herein establish are relevant to this litigation. If plaintiffs can demonstrate which ofthis defendants's asbestos containing products they may have utilized, this defendant will make available to plaintiff responsive, non-privileged documents relative to such products, to the extent they exist, at a mutually convenient time at its offices at 125 South Franklin Street, Chicago, IL. 30. . All reports and documents relating to the testing or analysis of United States Gypsum Company products. 14 RESPONSE: Objection. This Request is overbroad in that it is not limited to testing concerning asbestos, the focus of this litigation. Without waiving this objection, and relating to testing concerning asbestos, the following is a brief description of nonprivileged testing regarding asbestos or asbestos-containing materials which has been conducted by, on behalf of or with assistance from this defendant. The documents involved speak for themselves regarding the specific tests. Non-privileged documents relating to the studies and reports referenced below will be made available for plaintiffs inspection. In addition, there are unauthenticated documents relating to Dr. Gardner's Saranac study which this defendant believes are in the possession of or available to plaintiffs counsel. In an attempt to be responsive to interrogatories, the testing has been categorized and divided as follows: A. Fiber Release This defendant is aware of tests which were performed to measure the release of asbestos fibers during the mixing and sanding ofjoint compounds in the early 1970's. This defendant retained an expert. Dr. Morton Com, to perform two studies, both in Illinois: the first, a study of the ceiling at this defendant's corporate headquarters in Chicago in 1982; the second, at the William A Duguid Company in Des Plaines in 1984. Additionally, in 1983 there was testing performed by the Ontario Research Foundation with respect to the non-friability of this defendant's acoustical plaster, Audicote. Tests were conducted for this defendant in 1965 by Boyle Engineering Laboratory on Firecode plaster for the purpose of determining surface erosion or dusting during high air velocity. In 1984 the Ontario Research Foundation began a study that was intended to monitor the 15 air during encapsulation to measure asbestos fiber levels. The study, however, was not completed. Also, in 1985, Dr. Morton Com conducted a study at the William A. Duguid Company, the purpose of which was to determine whether asbestos fibers were released during the process of encapsulation. In 1985 This defendant conducted air sampling tests before, during and after encapsulation of acoustical plaster, not manufactured by this defendant, in the Yorkville, Illinois schools. Certain samples were taken from these schools, and certain testing was performed in 1987 on them by the Illinois Institute of Technology Research Institute (IITRI). IITRI's testing program was not completed. B. Plant Dust Surveys In the 1930's, Dr. Leroy U. Gardner ofthe Saranac Laboratories conducted investigations of this defendant's New Brighton and Oakfield, New York facilities. In addition, in 1936 this defendant retained Dr. Gardner to conduct an investigation of its Jersey City manufacturing plant, within months after its purchase. Beginning in the 1950's, surveys were conducted at various plants ofthis defendant. These involved studies of nuisance dusts, one ofwhich was asbestos. C. Research Reports This defendant has undertaken research projects concerning various performance parameters of its products. D. Doctor Gardner's Saranac Study This defendant contributed to a study conducted beginning approximately 1936 by Dr. Gardner of the Saranac Laboratory. E. Survey of Airborne Fibers Clayton Environmental Consultants, Inc. was retained by this defendant in 1985 to 16 conduct air sampling for asbestos at this defendants building at 101 South Wacker Drive, Chicago, Illinois. Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 31. Results from tissue samples sent to Saranac Laboratory in the early 1930's. RESPONSE: Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiffs at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 32. Documents reflecting defendant's purchase ofthe National Asbestos Plant in Jersey City, NJ. RESPONSE: Objection. This Request is overbroad in that it is not limited to asbestos, the focus of this litigation. Without waiving this objection, non-privileged, responsive documents, to the extent they exist, will be made available to plaintiffs at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 33. Documents showing United States Gypsum Company as a member of the Asbestos Cement Products Association. RESPONSE: Non-privileged, responsive documents, to the extent that exist, will be made available to plaintiffs at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 34. Documents pertaining to safety procedures and all other information or literature pertaining to asbestos containing products and asbestos related conditions, including but 17 not limited to records, materials and information. RESPONSE: Non-privileged, responsive documents, to the extent that exist, will be made available to plaintiffs at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, EL. 35. An affidavit stating whether production is complete according to the knowledge of defendant and defendant's insurance carriers, attorneys, agents and employees. RESPONSE: Objection. See Prefatory Statement. Without waiving this objection, nonprivileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. 27451 18 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) VERIFICATION I, S. P. Bjorklund, declare: I am the Manager, Financial and Business Analysis, of United States Gypsum Company, one of the above named defendants, and am authorized to make this verification for and on behalf of said company; I have read the foregoing Answers, Objections, and other Responses to Plaintiffs First Request For Production and am informed and believe that the same is true and on that ground allege that the matters therein stated are true. I declare, under penalty of peijury, that the foregoing is true and correct, and that this declaration was executed on1 \ (vVvAsSin Chicago, Illinois. Subscribed and sworn to before me this 3 ^ rk day of Novem Ae iQ, 1998. Notary Public OFFICIAL SEAL : TIMOTHY KOUBA : NOTARY PUBLIC, STATE OF ILLINOIS I UYCOMMISSION EXPIRES 11-12-2000 PROOF OF SERVICE The undersigned certifies that a copy ofthe foregoing instrument was served upon the attorneys of record of all parties to the above cause by enclosing the same in an envelope addressed to such attorneys at their business address as disclosed by the pleadings of record herein, with postage fully prepaid, and by depositing said envelope in a U.S. Post Office Box STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT COUNTY OF MACON ANN BOLDINI, Individually, and as Special Administrator of the Estate ) ) of Samuel Boldini, deceased ) Plaintiff, ) ) v. ) No. 96 L 137 ) ABEX CORPORATION, et al., ) Defendants. ) UNITED STATES GYPSUM COMPANY'S RESPONSES TO PLAINTIFF'S FIRST SET OF INTERROGATORIES PREFATORY STATEMENT United States Gypsum Company (hereinafter "U.S. Gypsum") has, to the best of its abilities, gathered non-privileged documents into a document repository for inspection by plaintiffs' counsel in response to requests for production served in asbestos litigation. These documents provide information that supplements and expands upon that provided in these answers to Interrogatories. Accordingly, by way of further response to these Interrogatories, U.S. Gypsum hereby offers to make available these documents at a mutually convenient time at its offices at 125 S. Franklin Street, Chicago, Illinois. In giving its responses to Interrogatories as to asbestos-containing products, U.S. Gypsum refers to products containing commercial asbestos as part of their formulation and to the type of commercial asbestos used as part ofthe formulation. 1 NOV 18 1998 OBJECTIONS U.S. Gypsum objects to the manner in which plaintiff has defined U.S. Gypsum to the extent that plaintiffpurports to include in its definition ofU.S. Gypsum "all agents, employees, officials, officers, executives, directors, consultants and any others who directly or indirectly represent in any manner the defendants" and "the defendants and any predecessors." In that U.S. Gypsum Company is the named defendant, this definition is overly broad and would require U.S. Gypsum to engage in unduly burdensome research, divulge privileged information and produce privileged documents. This defendant. United States Gypsum Company, responds to these Interrogatories on behalf of itself. U.S. Gypsum further objects to these Interrogatories to the extent they seek information or documents protected by the attorney-client privilege and the work product rule and to the extent they seek trial preparation or expert materials or documents. Finally, U.S. Gypsum objects to these Interrogatories to the extent they ask for "identification" of voluminous documents on the ground that they are overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. As set forth infra, U.S. Gypsum will produce documents which are the proper subjects of an appropriate document request. RESPONSES TO INTERROGATORIES 1. State the exact name, date and state of incorporation of the corporation providing the answers to these interrogatories and the name of the agent or officer wh has taken the "reasonable steps to search the `corporate memory' ofthe corporation (1) investigating the contents ofthe corporation's records, and (2) trying to ascertain the knowledge of 2 other corporate agents" as required in Campen v Executive House Hotel, Inc., 105 111. App. 3d 576,587 (1st Dist. 1982). . RESPONSE: The exact name of this defendant is United States Gypsum Company. The state, of incorporation for this defendant is Delaware. S.P. Bjorklund, Manager, Financial and Business Analysis, United States Gypsum Company, has reviewed these Responses for the purpose of satisfying the verification requirements. These Responses have been prepared based on the continual review of documents located in this defendant's files and information obtained from discussions with this defendant's employees over a period of many years. It is not possible to reconstruct each step taken to gather this information or to verify all documents which might possibly pertain to the matters at issue that have been located or examined in connection with these Responses. Nor is it possible to specifically identify by name each person who has participated in the preparation of these Responses or to identify each document which may have provided information used in preparing these Responses. 2. Pursuant to Illinois Supreme Court Rule 213(f), provide the name and address of each witness who will testify at trial and state the subject of each witness' testimony. ISC Form Int. 23. RESPONSE: Unknown at this time. This defendant will disclose its witnesses in accordance with the court ordered deadline. 3. Pursuant to Illinois Supreme Court Rule 213(g), provide the name and address of each opinion witness who offer any testimony and state:(a) the subject matter on which the opinion witness is expected to fesfify,'(b) the conclusions and/or opinions of the opinion 3 witness and the basis therefore, including reports of the witness, if any, (c) the qualifications of each opinion witness, including a curriculum vitae and/or resume, if any, (d) the identity of any written reports of the opinion witness regarding the occurrence. ISC Form Int. 24. RESPONSE: See answer to Interrogatory No. 2. 4. Have you (or anyone acting on your behalf) had any conversations with any persons at any time with regard to the manner in which the occurrence complained of occurred, or have you overheard any statements made by any person at any time with regard to the (injuries) (loss) complained ofby the plaintiff or the manner in which the occurrence complained of occurred? If the answer to this interrogatory is in the affirmative, state the following: (a) the date or dates of such conversations and or statements,(b) the place of such conversations and/or statements, (c) all persons present for the conversations and/or statements, (d) the matter and things stated by the person in the conversations and/or statements, (e) whether the conversation(s) was oral, written and/or recorded, (f) who has possession of the statement if written and/or recorded. ISC Form Int. 9. RESPONSE: No. 5. Do you know of any statements made by any person relating to the occurrence? If so, give the name and address of each such witness, the date of the statement, and state whether such statement was written and/or oral. ISC Form Int. 10. RESPONSE: No. 6. If any private firm or company adjuster has been directed to investigate the occurrence or ask questions ofpersons who may have knowledge of facts concerning the occurrence, - 4 \ state the full name and address of each such firm or adjuster. RESPONSE: None. . 7. If you have any information regarding Samuel Boldini's physical condition other than that information furnished you by plaintiffs counsel, state the nature of the information, the name and address of it's source, and if documentary in nature, its present location. RESPONSE: None other than medical records subpoenaed by codefendant. 8. Were any photographs, movies and/or videotapes taken of the scene of the occurrence or ofthe persons involved? If so, state the date or dates on which such photographs, movies and/or videotapes were taken, the subject thereof, who now has custody ofthem, and the name, address and occupation and employer ofthe person taking them. ISC Form Int. 8. RESPONSE: None by this defendant. 9. If you were named or covered under any policy of insurance which provides coverage for any claim stated in the complaint, state as to each policy: the name of the company, the policy number, the effective period, the maximum liability limits, what amounts, if any, have been previously paid under the policy which in the opinion of the carrier reduces the coverage available, whether the carrier denied coverage or tendered defense under a reservation of rights, whether the policy contains any first party medical pay or disability coverage, and, if so, describe the coverage, and which, if any, of the carriers listed in your answer is providing a defense to this suit. RESPONSE: Objection. This Interrogatory is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. 10. State the following about each current employee ofthe defendant who has a 5 medical degree: name, business address, job title, and whether the person completed a residency in either public health or occupational medicine. . RESPONSE: No current employee of this defendant has a medical degree. 11. State the following about each current employee ofthe defendant who is an industrial hygienist: name, business address and job title. RESPONSE: This defendant employed F. Tremmel as an industrial hygienist from August 4, 1986 to June 21, 1988. He was succeeded in that position by R. P. Musselman, Corporate Toxicologist. Prior to August 4,1986, this defendant did not employ a certified industrial hygienist. This defendant employed H. Lawton as an industrial hygienist from 8/17/87 to 12/90 and H. C. Brown as an industrial hygienist from 9/28/87 to 11/90. 12. Has the defendant ever had one or more persons whose primary responsibility including looking after or monitoring the health of the defendant's employee's, such as a medical director? If so, state the following as to each person who has held this position: (a) the name and address of the person, (b) the name of the position he or she held, (c) the dates during which he or she held the position, (d) the address of his or her office during the time he or she held the position, (e) state whether there was a written job description for that position at that time, (f) if there was a written job description, set forth the words of the description or attach a copy hereto. RESPONSE: a-d) Objection. This defendant objects to the phrase "looking after or monitoring the health of defendant's employees" as being vague and ambiguous. In addition, there has been no allegation that plaintiff was ever an employee of this defendant. Therefore, this Interrogatory 6 is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving these objections, U. S. Gypsum's Chief Medical Officers: C. A. Hedblom, M.D., 101 South Wacker Drive, Chicago, Illinois, 1974 to 8-31-89 (retired). W. Highstone, M.D. - 1939 to 1974 (deceased). In addition, U. S. Gypsum retained or consulted "outside doctors" who provided services to its employees. See attached Exhibit Number 1. e-f) The Medical Director operated a medical facility in Company general offices; conducted and managed a medical program; and furnished counsel as required to assure the health and well being of Company employees. Medical Director reported to the Vice President of Personnel. 13. Has defendant ever directed or contributed money toward a study of the effects of asbestos upon the health of animals and man? If so, state the following as to each such study: a) the description or title ofthe study, b) the dates during which it was made, c) briefdescription ofthe study, d) whether any of the results were reported in written form, and if so, who now has a copy of the report. RESPONSE: The following is a briefdescription of nonprivileged testing regarding asbestos or asbestos-containing materials which has been conducted by, on behalf of or with assistance from U.S. Gypsum. The documents involved speak for themselves regarding the specific tests. Nonprivileged documents relating to the studies and reports referenced below will be made available for plaintiffs inspection. In addition, there are unauthenticated documents relating to Dr. Gardner's Saranac study which U.S. Gypsum believes are in the possession of or available to 7 plaintiffs counsel. In an attempt to be responsive to interrogatories, the testing has been categorized.and divided as follows: A. Fiber Release U. S. Gypsum is aware of tests which were performed to measure the release of asbestos fibers during the mixing and sanding ofjoint compounds in the early 1970's. U. S. Gypsum retained an expert. Dr. Morton Com, to perform two studies, both in Illinois: the first, a study of the ceiling at U. S. Gypsum's corporate headquarters in Chicago in 1982; the second, at the William A. Duguid Company in Des Plaines in 1984. Additionally, in 1983 there was testing performed by the Ontario Research Foundation with respect to the non-friability of U. S. Gypsum's acoustical plaster, Audicote. Tests were conducted for U. S. Gypsum in 1965 by Boyle Engineering Laboratory on Firecode plaster for the purpose of determining surface erosion or dusting during high air velocity. In 1984 the Ontario Research Foundation began a study that was intended to monitor the air during encapsulation to measure asbestos fiber levels. The study, however, was not completed. Also, in 1985, Dr. Morton Com conducted a study at the William A. Duguid Company, the purpose of which was to determine whether asbestos fibers were released during the process of encapsulation. In 1985 U.S. Gypsum conducted air sampling tests before, during and after encapsulation of acoustical plaster, not manufactured by U.S. Gypsum, in the Yorkville, Illinois schools. Certain samples were taken from these schools, and certain testing was performed in 1987 on them by the Illinois Institute of Technology Research Institute (IITRI). 8 r IITRI's testing program was not completed. B. Plant Dust Surveys . In the 1930's, Dr. Leroy U. Gardner ofthe Saranac Laboratories conducted investigations of U.S. Gypsum's New Brighton and Oakfield, New York facilities. In addition, in 1936 U.S. Gypsum retained Dr. Gardner to conduct an investigation of its Jersey City manufacturing plant, within months after its purchase. Beginning in the 1950's, surveys were conducted at various U.S. Gypsum plants. These involved studies of nuisance dusts, one of which was asbestos. C. Research Reports U. S. Gypsum has undertaken research projects concerning various performance parameters of its products. D. Doctor Gardner's Saranac Study U.S. Gypsum contributed to a study conducted beginning approximately 1936 by Dr. Gardner of the Saranac Laboratory. E. Survey of Airborne Fibers Clayton Environmental Consultants, Inc. was retained by U.S. Gypsum in 1985 to conduct air sampling for asbestos at U.S.Gypsum's building at 101 South Wacker Drive, Chicago, Illinois. Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U. S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. 14. Have there been any studies of the effect of asbestos upon the health of any of defendantVemiployeesfIfso,'si^eTa)''fl^Qiption or title ofthe study, b) the dates 9 during which it was made, c) the location or locations of the plants at which the employees were employed, d) the number of employees studied, e) brief description of the study, f) whether any of the results were reported in written form, and if so, who now has a copy of the report. RESPONSE: No formal medical "studies" of the effect of asbestos upon the health of employees, as that term is understood by this defendant, have been conducted at this defendant's plants. However, to the extent that this interrogatory seeks data generated in industrial hygiene surveys of this defendant's plants, that included but were not limited to determining levels of asbestos and X-rays of certain employees, a number of such surveys have been conducted, including but not limited to surveys conducted by the Saranac Laboratory at the Jersey City, New Brighton and Oakfield plants in the 1930's and 1940's, and a series of surveys conducted by National Loss Control Services Corporation (NATLSCO) at defendant's plants in the 1970's. Copies of reports of such surveys and other non-privileged responsive documents will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. 15. Has defendant issued a warning about the relationship between asbestos and mesothelioma? If so, state as to each warning: a) the language of the warning, b) date first issued or distributed, c) date last issued or distributed, d) the method of communication or distribution used, e) the name, position at that time, and current address, position and employer of each person ordering or recommending the warning. RESPONSE: See attached Exhibit Number 2. 16. If your answer to the preceding interrogatory was affirmative, list the name and address 10 of each employee of defendant who was responsible to investigate whether the warning was reaching the persons who were breathing or ingesting sufficient amounts of asbestos to be at risk of contracting mesothelioma. RESPONSE: See this defendant's response to Interrogatory Number 16. 17. Has any employee, agent or representative ofthe defendant (or any of its corporate predecessors) ever been physically present at the premises of ADM's East Plant in Decatur, IL? If so, state the name, current address, and date(s) of visit of each such person. RESPONSE: Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. 18. Has defendant or any of its corporate predecessors ever sold asbestos or asbestos containing products to ADM in Decatur, IL or shipped or delivered asbestos or asbestos containing products to ADM in Decatur, IL? If so, state the details of each such sale, shipment or delivery. RESPONSE: This defendant never sold raw asbestos. In addition, U.S. Gypsum does not possess any records maintained in the normal course of business which identify who the ultimate user of the product was or where it was installed. With that limitation, U.S. Gypsum responds as follows: Prior to 1966, U.S. Gypsum sold its construction products, some of which may have contained small amounts of asbestos, exclusively through independent dealers. Beginning in about 1966, U.S. Gypsum sold its construction products either directly to independent contractors, independent distributors or, as had previously been the custom, through independent dealers. 11 This defendant has no sales records for the years prior to 1965, other than records of gross sales of individual products by plant. Sales records thereafter are contained in computer printouts. Records ofproducts which the plaintiff can establish were relevant to the subject matter of this lawsuit will be made available for inspection at a mutually convenient time at 125 South Franklin Street, Chicago, IL 60606, pursuant to a properly filed request to produce. Other non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. 19. List the names and addresses of all other persons (other than persons heretofore listed) who have knowledge of the facts of the occurrence and/or the injuries and damages claimed to have resulted therein. ISC Form Int. 25. RESPONSE: None at this time. Investigation continues. 20. Identify any statements, information and/or documents known to you and requested by any of the forgoing interrogatories which you claim to be work product or subject to any common law or statutory privilege, and with respect to each interrogatory, specify the legal basis for the claim as required by ISCR 201(n) ISC Form Int. 26. RESPONSE: None. 21. List all statements, oral, videotaped, or court reported, signed or unsigned (including date, county, case name and number) from those persons listed in response to Interrogatory Numbers 2 and 3. RESPONSE: See answer to Interrogatory No. 2. 22. List all statements by parties in this case, whether oral, written, videotaped, or court 12 reported, signed or unsigned, to some person or entity. RESPONSE: Objection. Overly broad and incapable ofresponse. 13 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) VERIFICATION I, S. P. Bjorklund, declare: I am the Manager, Financial and Business Analysis, of United States Gypsum Company, one ofthe above named defendants, and am authorized to make this verificationfor and on behalf of said company; I have read the foregoing Answers, Objections, and other Responses to Plaintiffs First Set Of Interrogatories and am informed and believe that the same is true and on that ground allege that the matters therein stated are true. I declare, under penalty of perjury, that the foregoing is true and correct, and that this declaration was executed onflfr)( Co j*W_____________ in Chicago, Illinois. Subscribed and sworn to before me this fatH day of Al&Jtt)Q & , 1998. Notary Public OFFICIAL SEAL TIMOTHY KOUBA NOTARYPUBLIC, STATE OF HXlMOiS [MYCOMMISSION EXPIRES If.124000, Plant Clinics and Medical Personnel Retained/Consulted 1930 - 1976 Oakfield. New York R. C. Warn, M.D. J. Diasio, M.D. Chamblee. Georgia H. M. Schreeder, M.D. W. C. McGraw, M.D. Greenville. Mississippi J. B. Hirsch, Sr., M.D. O. Beck, M.D. J. B. Hirsch, Jr., M.D. Corsiciana. Texas A. L. Grizzafi, M.D. Dallas. Texas Launey Medical & Surgical Clinic D. G. Launey, M.D. S. L. Gilbert, M.D. F. C. Atkinson, M.D. R. F. Duchouquette, M.D. W. D. Stevenson, M.D. D. H. Waddell, M.D. R. R. Henry, M.D. Z. L. Dameron, M.D. W. D. Lee, M.D. A. H. Teddle, M.D. Trinity Medical Clinic Jacksonville. Florida J. H. Mitchell, M.D. J. L. Mitchell, M.D. 1 EXHIBIT 1 Plasterco. Virginia J. A. Soyars, M.D. P. W. Cowherd, M.D. Sweetwater. Texas C. A. Rosebrough, M.D. A. H. Fortner, M.D. S. A. Loeb, M.D. J. K. Richardson, M.D. T. D. Young, M.D. F. Hood, M.D. R. L. Price, M.D. Detroit. Michigan R. L. St. Louis, M.D. K. Hergt, M.D. East Chicago. Indiana R. J. Liehr, M.D. F. F. Boys, M.D. F. A. Benchik, M.D. G. A. Thegze, M.D. J. Demkowicz, R.N. Fort Dodge. Iowa Fort Dodge Medical Center T. J. Michelfelder, M.D. C. L. Dagle, M.D. M. E. Kraushaar, M.D. J. J. Landhuis, M.D. G. L. LeValley, M.D. J. W. Rathke, M.D. R. H. Brandt, M.D. J. R. Kersten, M.D. W. C. Robb, M.D. H. H. Kersten, M.D. R. E. Woodard, M.D. Gvpsum. Ohio C. J. Yeisley, M.D. A. J. Miessner, M.D. P. Hughes, M.D. K. Ritter, M.D. K. Akins, M.D. M. Jennings, R.N. Shoals. Indiana E. B. Lett, M.D. R. E. Chattin, M.D. Empire. Nevada Sparks Medical Clinic J. M. Watson, M.D. M. Raymond, M.D. J. C. Kelly, M.D. F. C. Stokes, M.D. Torrance. California P. Casey, M.D. J. Anable, M.D. Dr. Cook South Gate. California H. Caesar, M.D. Family Medical Clinic (Various physicians. Names unavailable.) Firestone Medical Group (Various physicians. Names unavailable.) Tacoma. Washington B. Archer, M.D. Walworth. Wisconsin D. R. Hansen, M.D. I. J. Bruhn, M.D. J. A. Carroll, M.D. A. C. Sapida, M.D. Walworth Family Medical Center 3 Boston. Massachusetts V. Rubin, M.D. E. Stuffier, M.D. A. C. Leavitt, M.D. Sullivan Square American Mutual Insurance Clinic Massachusetts General Hospital Clark. New Jersey C. T. Decker, M.D. F. B. Nelson, M.D. C. F. Dent, M.D. E. E. Goe, M.D. S. Wexler, M.D. Qakmont. Pennsylvania C. E. Piper, M.D. F. W. Nicklas, M.D. H. Hagan, M.D. Citizens General Hospital Franklin Park. Illinois Northwest Medical Clinic LTD. L. Devira, M.D. Franklin Park Medical Center V. Oelrich, R.N. Rosemont. Illinois O'Hare Industrial Clinic Fahey Medical Center Rush Presbyterian - St. Lukes Occupational Health Center Galena Park. Illinois J. Nichols, M.D. Deaton Clinic Sigurd, Utah T. D. Bard, M.D. R. E. Noyes, M.D. R. N. Malouf, M.D. J. G. McGuarrie, M.D. G. A. Buchanan, M.D. J. B. Cluff, M.D. 4 Genoa.Ohio E. D. Schuiteman Norfolk. Virginia E. R. Altizer, M.D. W. H. Whitmore, M.D. G. A. Duncan, M.D. F. Walter, M.D. A. A. Burke, M.D. R. L. Payne, M.D. J. L. Rosenthal, M.D. P. B. Parsons, M.D. J. Sakakini, M.D. K. Jones, M.D. V. H. Ober, M.D. Dr. Albanese J. Foster, M.D. G. G. Hollins, M.D. Dr. Labstein J. M. Ratliff, M.D. J. A. Vann, M.D. C. B. Trower, M.D. R. W. Adams, M.D. R. R. Powell, M.D. C. Pole, M.D. G. A. Duncan, M.D. D. E. Pryor, M.D. E. A. Buchan, M.D. Dr. Kuehn Santa Fe Springs. California J. W. Raber, M.D. Raber Industrial Medical Group Morrow. Georgia N. Bateman, M.D. Stony Point. New York Dr. Borsinger Dr. Natelson Dr. Zuka Nyack Hospital Sperry. Iowa H. M. Patterson, D.O. J. F. Roules, M.D. Burlington Medical Center Wabash. Indiana F. Whistler, M.D. R. M. LaSalle, Jr., M.D. R. M. LaSalle, Sr., M.D. R. M. LaSalle, M.D. W. D. Boaz, M.D. P. Ferguson, M.D. F. Smymiotis, M.D. J. E. Haughn, M.D. LaSalle Clinic Baltimore. Maryland C. C. Chiu, M.D. F. G. Mainolfi, M.D. Fort Medical Center North Kansas Citv. Missouri Industrial Clinic North Fairfax Industrial Medical Clinic New Orleans. Louisiana B. Pardue, M.D. J. Dean, M.D. Downman Road Clinic Southard. Oklahoma R. Richardson, M.D. R. Kirby, M.D. T. Perry, M.D. 6 Southard. Oklahoma continued R. Tavlin, M.D. K. Godfrey, M.D. R. McLauchlin, M.D. M. Carter, M.D. C. H. Williams, M.D. B. D. Dotter, M.D. F. Crowe, M.D. D. Lagan, M.D. G. Worchester, M.D. Warren. Ohio R. Willoughby, M.D. Birmingham. Alabama Thuss Clinic W. G. Thuss, M.D. R. J. Smith, M.D. Union Citv. Tennessee J. H. Ragsdale, M.D. R. E. Clendenin, M.D. R. G. Latimer, M.D. J. K. Avery, M.D. L. W. Jones, M.D. H. Butler, M.D. J. Campbell, M.D. Doctor's Clinic of Union City Alabaster. Michigan J. J. Austin, M.D. H. Brinkman, M.D. M. E. Field, M.D. J. R. Gehman, M.D. J. W. Grigg, M.D. M. Gueramy, M.D. H. R. Hess, O.D. J. E. Jaques, M.D. L. Kelley, M.D. V. W. Kershul, M.D. L. A. Lambert, M.D. L. A. Laporte, M.D. ~ O. W. Mitton, M.D. - Alabaster. Michigan continued R. Morin, M.D. N. Payea, M.D. R. J. Ruda, M.D. G. L. Schaiberger, M.D. J. M. Schuele, M.D. R. L. Sutton, M.D. Z. E. Taheri, M.D. W. Williams, M.D. Keamv. New Jersey Plant closed J. Borino, M.D. J. Grund Fest, M.D. Boonton. New Jersey Acquired 1985 Camden. New Jersey Plant closed A. Marks, M.D. Occupation Health Services Trenton. New Jersey Plant closed P. Albert, M.D. Helene Fuld Medical Center Paulsboro. New Jersey Acquired 11/30/87 New Brighton. New York Plant closed H. Crane, M.D. F. Tellefsen, M.D. E. Morris, M.D. Saint Vincent's Hospital Staten Island Hospital Port Reading. New Jersey Acquired 6/76 Fremont. California Acquired 1983 Philadelphia. Pennsylvania Plant sold Conyers. Georgia Acquired 12/10/80 Mansfield. Texas Acquired 8/81 Spruce E.jng Acquired 5/12/79 LaMirada. California Acquired 6/81 U.S. Gypsum has no information on medical personnel for the plants at Jersey City, NJ; St. Paul, MN; Midway, IL; South Plainfield, NJ; Midland, CA; Heath, MT; Loveland, CO; Milwaukee, WI; Nephi, UT; and Philadelphia, PA, which are now closed. In addition, no record information is available for Plaster City, CA. U.S. Gypsum has no information for the plant at Red Wing, for years prior to 1985. U.S. Gypsum owned Red Wing in the mid-1960's prior to selling the plant to Conwed Corporation, and USG Acoustical Products, Company (now USG Interiors, Inc.) reacquired the facility in late 1985. EXHIBIT 2 U. S. Gypsum utilized warnings to applicators consistent with OSHA guidelines oh its joint treatment products beginning in 1972, on texture products beginning in 1973, and on certain industrial plaster products in 1975. The language of the warning was as follows: "Caution: Contains Asbestos Fibers. Avoid Creating Dust. Breathing Asbestos Dust May Cause Serious Bodily Harm." In 1974, the above warning was modified by adding the following on joint compound products: "Observe the following precautions: Wet sanding or sponging finished joints is recommended rather than diy sanding to avoid creating dust. If dry sanding, mixing, or otherwise working in a dusty atmosphere containing this material, ventilate, use dust collector, or wear eye protection and a respirator approved by the Bureau of Mines or NIOSH, to remove nuisance dust." Concering SprayDon, a product sold and distributed by Sprayon Research Corporation, manufactured by U. S. Gypsum according to Sprayon's specifications, the folowing appeared on SprayDon bags in approximately June, 1966: "Contains Asbestos." The following appeared on SprayDon in subsequent years: "Caution: This product contains asbestos." (1968) "Caution: This product contains asbestos which may be harmful to lungs if inhaled." (1969) Concerning Super-tite Wet Patch, an adhesive manufactured by W. W. Henry Company and resold by U. S. Gypsum, the following appeared on the labe for this product after 1972: "Contents: Asphalt Petroleum Spirits, Asbestos Fiber." U. S. Gypsum presently believes that during the period 1969 - 1973, asbestos was listed as a separate ingredient for its texture product, Imperial QT. Investigation is continuing. PROOF OF SERVICE The undersigned certifies that a copy of the foregoing instrument was served upon the attorneys ofrecord of all parties to the above cause by enclosing the same in an envelope addressed to such attorneys at their business address as disclosed by the pleadings of record herein, with postage fully prepaid, and by depositing said envelope in a U.S. Post Office Box in Peoria, Illinois on the _ 1 i day ofNovember, 1998. Walker & Wylder, Ltd. Attorneys at Law 207 W. Jefferson Street P.O. Box 3455 Bloomington, IL 61702-3455 4J9132DIA.02 CPL/saj 4J9132COC.03 CPL/saj PROOF OF SERVICE The undersigned certifies that a copy of the foregoing instrument was served upon the attorneys of record of all parties to the above cause by enclosing the same in an envelope addressed to such attorneys at their business address as disclosed by the pleadings of record herein, with postage fully prepaid, and by depositing said envelope in a U.S. Post Office Box in Peoria, Illinois, on the day of November, 1998. See Attached Service List HEYLROYSTER VOELKER ^&ALLEN Suite 600 Bank One Building 124 S.W. Adams Street Peoria, Illinois 61602 Fax <309) 676-3374 (309) 676-0400 2- - 4 J 9132 BOLDINI, ANN V. ABEX CORP., et al. IN THE CIRCUIT OF THE SIXTH JUDICIAL CIRCUIT OF ILLINOIS MACON COUNTY No. 96 L 137 ATTORNEYS FOR PLAINTIFF WALKER & WYLDER, LTD. 207 W. Jefferson P.O. Box 3455 Bloomington, IL 61702-3455 309-828-5044 309-827-2742 (fax) ATTORNEYS FOR ABEX CORPORATION, ABEX, INC., PNEUMO ABEX CORP. Robert W. Scott Swain, Hartshorn & Scott 411 Hamilton Blvd., Suite Peoria, IL 61602-1104 1806 309-637-1700 309-637-1708 (Fax) ATTORNEYS FOR METROPOLITAN LIFE INSURANCE COMPANY Mark E. Rakoczy Skadden, Arps, Slate, Meagher & Flom 333 W. Wacker, Suite 2100 Chicago, IL 60606 312-407-0700 312-407-0411 (fax) ATTORNEYS FOR OWENS-ILLINOIS, INC. Robert Riley Schiff, Hardin & Waite 7200 Sears Tower Chicago, IL 60606 ATTORNEYS FOR OWENS CORNING Stephen R. Kaufmann Sorling, Northrup, Hanna Cullen and Cochran, Ltd. 607 East Adams Street, Suite 800 P. O. Box 5131 Springfield, IL 62705 217-544-1144 217-522-3173 (fax) ATTORNEYS FOR PITTSBURGH CORNING CORP. Kristine K. Kraft Nicole C. Behnen Polsinelli, White, Vardeman 100 S. Fourth Street, Suite St. Louis, MO 63102 & Shalton 1110 314-231-1950 314-231-1776 (fax) ATTORNEYS FOR RAYMARK INDUSTRIES ( BANKRUPT) 4 J 9132 Boldini, Ann v. Abex Corp. , et al. ATTORNEYS FOR SPRXNKMANN SONS CORP. OF ILLINOIS Cathy A. Molchin, P.C. 4909 Sir Lionel Court Mapleton, IL 61547 ATTORNEYS FOR RAPID-AMERICAN CORP. ATTORNEYS FOR UNITED STATES GYPSUM Christopher P. Larson Heyl, Royster, Voelker & Allen 124 S.W. Adams, Suite 600 Peoria, IL 61602 ATTORNEYS FOR FIBREBOARD CORPORATION Michael Connelly Connelly & Schroeder One N. Franklin, Suite Chicago, IL 60606 1200 309-676-0400 309-676-3374 (fax) 312-251-9600 312-251-9601 (fax) 2 STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL DISTRICT COUNTY OF MACON ANN BOLDINI, Individually, and as Special Administrator of the Estate of Samuel Boldini, deceased, Plaintiff, vs. ABEX CORPORATION, et al. Defendants. ) ) ) ) ) ) ) ) ) ) ) No. 96 L 137 UNITED STATES GYPSUM COMPANY'S RESPONSES TO PLAINTIFF'S FIRST REQUEST FOR PRODUCTION PREFATORY STATEMENT United States Gypsum Company (hereinafter "U.S. Gypsum") has, to the best of its abilities, gathered non-privileged documents into a document repository for inspection by plaintiffs' counsel in response to requests for production served in asbestos litigation. These documents provide information that supplements and expands upon that provided in these answers to Requests. Accordingly, by way of further response to these Requests, U.S. Gypsum hereby offers to make available these documents at a mutually convenient time at its offices at 125 S. Franklin Street, Chicago, Illinois. In giving its responses to Requests as to asbestos-containing products, U.S. Gypsum refers to products containing commercial asbestos as part oftheir formulation and to the type of commercial asbestos used as part of the formulation. 1 HOV 16 B96 ( OBJECTIONS U.S. Gypsum objects to the maimer in which plaintiff has defined U.S. Gypsum to.the extent that plaintiff purports to include in its definition ofU.S. Gypsum "predecessors in interest, subsidiaries, and successors-in-interest of the corporate defendant." In that U.S. Gypsum is the named defendant, this definition is overly broad and would require U.S. Gypsum to engage in unduly burdensome research, divulge privileged information and produce privileged documents. This defendant. United States Gypsum Company, responds to these Requests on behalf of itself. U.S. Gypsum further objects to these Requests to the extent they seek information or documents protected by the attorney-client privilege and the work product rule and to the extent they seek trial preparation or expert materials or documents. Finally, U.S. Gypsum objects to these Requests to the extent they ask for "identification" of voluminous documents on the ground that they are overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. As set forth infra. U.S. Gypsum will produce documents which are the proper subjects of an appropriate document request. RESPONSES TO REQUESTS FOR PRODUCTION 1. Each different telex or other document by which McKinney of Johns-Manville invited representatives ofvarious companies, including USG, to a meeting on May 22, 1979, and all documents concerning, and minutes of, that meeting. RESPONSE: After reasonable search, this defendant is currently unable to locate within its possession or control a document or documents as generally described in Request Number 1. In this Response, this defendant is unable to state whether or not it ever received a document or 2 documents generally described in Request Number 1 or whether such documents may be in this defendant's possession or control currently. Rather, the lack of specificity in the documents' description does not provide enough information for this defendant to respond further. 2. All documents regarding any other meeting of representatives of three or more of the companies named in the memorandum regarding the CEO Meeting of May 22, 1979. RESPONSE: See this defendant's response to Request Number 1. 3. Its original records (or ifthe originals are not available then the best available copies) of sales or shipment ofproducts to: Mechanical Insulation. AC&S, Babcock & Wilcox Construction Company, Brand Insulation, A&M Insulation, Sprinkman Insulation, PCM Fabrication, EB Insulation, ECF. RESPONSE: Records maintained in the normal course ofthis defendant's business do not identify the ultimate user of this defendant's products or where such products were installed. By way of further response, prior to 1966, this defendant sold its construction products exclusively through independent dealers. Beginning in or about 1966, this defendant sold its construction products either directly to independent contractors, independent distributors or, as had previously been the custom, through independent dealers. This defendant has no sales records for the years prior to 1965, other than records of gross sales of individual products by plant. Sales records thereafter are contained in computer printouts. Records ofproducts which the plaintiff can establish were relevant to the subject matter ofthis lawsuit will be made available for inspection at a mutually convenient time at 125 South Franklin Street, Chicago, IL 60606. Other non-privileged, responsive documents, to the extent they exist, will be made 3 available to plaintiff at a mutually convenient time through this defendant's offices at J 25 South Franklin Street, Chicago, IL. 4. All witness statements, of any sort, whether signed or unsigned, of any person having knowledge of the facts of this case, excluding only those privileged against disclosure at trial, in the possession or under the control of defendant and/or an attorney representing it in this or any other asbestos disease litigation. RESPONSE: None.. 5. All data as to the physical or mental condition of Samuel Boldini, excluding all documents provided you by plaintiff's counsel and excluding all documents, copies of which have already been provided plaintiff's counsel through formal discovery. RESPONSE: None. 6. All photographs, slides, motion pictures, models, maps, sketches, diagrams or drawings depicting the decedent or any location at which he worked. RESPONSE: None. Investigation continues. 7. All photographs, models, sketches or diagrams of any of the products involved in this litigation. RESPONSE: Objection. This Request is overbroad and unduly burdensome in that it is not limited to those asbestos containing products manufactured by this defendant which plaintiffs can herein establish are relevant to this litigation. If plaintiffs can demonstrate which of this defendants's asbestos containing products they may have utilized, this defendant will make available to plaintiff responsive, non-privileged documents relative to such products, to the extent they exist, at a mutually convenient time at its offices at 125 South Franklin Street, 4 Chicago, IL. 8. All pamphlets, brochures or other documents prepared, distributed or utilized by defendant to advertise or promote asbestos containing products during the 1930's through 1970's. RESPONSE: This defendant maintains no central repository for the accumulation of the requested information in the ordinary course of business. Documents that have already been identified and gathered to respond to discovery requests in other litigation and that relate to products which plaintiff can establish are relevant to this litigation, will be made available for inspection at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 9. All medical articles, case reports, textbooks or other documents which relate to any "state-of-the-art" defense you will present. RESPONSE: Objection. Overly broad and incapable ofresponse. 10. A transcript (including exhibits) of each instance where an expert witness has testified in support of defendant's "state-of-the-art" defense in asbestos disease litigation. RESPONSE: Objection. Overly broad and incapable of response. 11. All notes or reports of interview of any person having or claiming to have knowledge of the facts or circumstances of this cause. RESPONSE: None. 12. All reports, notes, letters, memoranda, or other documents showing or purporting to show what Samuel Boldini was told about the relationship between asbestos dust and health. RESPONSE: None. ................. 5 13. All reports, notes, letters, memoranda, or other documents showing or purporting to show what Samuel Boldini knew about the relationship between asbestos dust and health. RESPONSE: None. 14. All medical records of those present or former employees of defendant who have filed claims for worker's compensation or occupational disease benefits alleging an injury or disease from exposure to asbestos and all personnel and employment records which evidence or reflect the duration, quantity and quality of his or her exposure to asbestos while employed by defendant. RESPONSE: Objection. There has been no allegation that plaintiff was ever an employee of this defendant. Therefore, this Request is overbroad, irrelevant, immaterial, and is not reasonably calculated to lead to the discovery of admissible evidence. Additionally, this defendant objects to this request to the extent tit seeks information which is neither relevant to the subject matter of the pending action nor reasonably calculated to lead to the discovery of admissible evidence. Further, this defendant objects to the production of confidential medical records of employees or former employees whose consent for such production has not been obtained. Finally, this defendant objects to this Request to the extent it seeks information which is protected from discovery by virtue of attorney client privilege or the attorney work product doctrine. Without waiving these objections, this defendant will make available to plaintiff for its inspection and review, workmen's compensation face sheets alleging asbestos related injuries, as noted on those face sheets. 15. Each written warning, caution or other document which was intended by defendant to reach those persons who could breathe or ingest the asbestos from asbestos containing 6 products manufactured and/or sold by defendant. RESPONSE: Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 16. A transcript (including exhibits) of each instance where an employee of defendant testified at deposition or trial in asbestos disease litigation. RESPONSE: Objection. This Request is overly broad and unduly burdensome. Furthermore, as plaintiff's counsel is aware, this defendant has been involved in litigation regarding asbestoscontaining products for a number of years, and a request for all transcripts appears calculated solely to harass this defendant. 17. A transcript (including exhibits) of each instance where an individual whom defendant listed, retained or called as an expert witness, testified at deposition or trial in asbestos disease litigation. RESPONSE: Objection. This Request is overly broad, unduly burdensome and not calculated to produce relevant, admissible evidence to the extent that the Request pertains to "expert witnesses" who have not been retained in this case. With respect to expert witnesses retained for this case by this defendant, this defendant will provide all appropriate discovery in accordance with the Rules of Civil Procedure. 18. Defendant's last three annual reports. RESPONSE: Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 7 19. A list of the names, addresses and employers of each person involved or consulted in the preparation of your response to this Request. RESPONSE: S. P. Bjorklund, Manager, Financial and Business Analysis of United States Gypsum Company, has reviewed these Responses for the purpose of satisfying the verification requirements. These Responses have been prepared based on the continual review of documents located in this defendant's files and information obtained from discussions with this defendant's employees over a period of many years. It is not possible to reconstruct each step taken to gather this information or to verify all documents which might possibly pertain to the matters at issue that have been located or examined in connection with these Responses. Nor is it possible to specifically identify by name each person who has participated in the preparation of these Responses or to identify each document which may have provided information used in preparing these Responses. 20. The results of all tests performed by, at the direction of, or known to United States Gypsum Company regarding the maximum distance that an asbestos particle can travel through the air. RESPONSE: Objection. This request is vague, ambiguous, overbroad, irrelevant, immaterial and is not reasonably calculated to lead to the discovery of admissible evidence. In addition, this request improperly assumes facts which are not in evidence and which are the issues in controversy in this lawsuit. 21. The results of all tests performed by the Saranac Laboratory at the direction of, or known to United States Gypsum Company. RESPONSE: Non-privileged, responsive documents, to the extent they exist, will be made 8 available to plaintiff at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 22. The results of all tests performed by, at the direction of, or known to United States Gypsum Company regarding the maximum time that an asbestos particle can remain airborne. RESPONSE: See this defendant's response to Request Number 20. 23. The results of all tests performed by, at the direction of, or known to United States Gypsum Company regarding the minimum quantity of asbestos necessary to induce mesothelioma. RESPONSE: Objection. This Request calls for a medical conclusion which no employee ofthis defendant is qualified to make. Without waiving this objection, non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 24. Each policy of insurance, including all excess and umbrella policies, which may be construed to provide coverage for the claim stated in the Complaint. RESPONSE: Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 25. All documents reflecting payments or agreements for payments made under any of the policies described in the preceding paragraph which the carrier claims or could claim as a full or partial exhaustion of the policy limits or otherwise affect the amount of coverage available in this case. 9 RESPONSE: Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 26. Its original records (or ifthe originals are not available then the best available copies) of the following documents: I.01/27/48 Brown to companies 2. telex to ABEX re 05/22/79 meeting of CEOs of asbestos-producing companies 3. list of CEOs attending 05/22/79 asbestos producers meeting 4.11/20/36 Saranac agreement 5.1951 Vorwald, "Experimental Studies of Asbestosis" 6.12/10/34 letter Brown to Lanza 7. 12/15/34 letter Hobart to Brown 8. 12/18/34 letter Brown to Judd 9.12/21/34 letter Brown to Lanza 10. 12/24/34 letter Brown to Judd II. 01/02/35 letter Judd to Brown 12. 09/25/35 letter "Asbestos" to Simpson 13. 10/01/35 letter Simpson to Brown 14. 10/03/35 letter Brown to Simpson 15.11/20/36 letter Brown to Gardner 16. 11/23/36 letter Gardner to Brown 17. 12/04/36 letter Brown to Stover 10 18. 02/27/37 letter Brown to Simpson 19. 05/03/39 letter Brown to Simpson 20. 05/04/39 letter Simpson to Brown 21. 05/10/40 letter Brown to Simpson 22.11/12/46 letter Brown to Bowditch 23. 02/24/43 Gardner to Brown with outline ofproposed monograph 24.05/07/52 first interim report on asbestosis and pulmonary cancer to QAMA 25.10/27/48 Brown to sponsors 26. 03/31/51 Brown to sponsors 27.1 l/12/48Kelly to Brown 28.11/12/48 Brown to Kelly 29. 11/16/48 Kelly to Brown 30. Agenda, 08/11/83 asbestos claims conference 31. 07/13/83 O-I letter re 07/22/83 asbestos CEO meeting 32. 08/03/83 McWeeny letter to Manville, follow up to 07/22/89 CEO meeting 33. List of seventh Saranac attendees 34. Program for Seventh Saranac Symposium 35. 11/05/85 Dr. Asher Yaguda letter to Arthur Mead re Gardiner Rainey 36. Fleischer-Drinker report 37. Dreessen report 38. Agenda for 06/91 TIMA meeting 39. Outline for proposed monograph on asbestosis 11 40. 08/04/47 Lynch to Vorwald 41. 08/01/47 Vorwald to Lynch 42. Unfinished Gardner report 43. 07/10/81 Castleman to VanDiver Brown ' 44.3 pages edited from 1948 Vorwald draft 45.09/48 Vorwald draft 46.04/06/63 Lynch to Krieg 47. 04/16/63 Lynch to Krieg 48.08/22/39 Buell to McConnell 49. 03/03/49 Brown to companies 50. 04/54 Pratt reading autopsy for Sabourin 51.1947 Pratt reading autopsy for Sabourin 52. 10/12/48 Durkan to Woodard 53.10/22/48 Brown to Muehleck 54. 06/01/48 Woodard to Vorwald 55.11/30/48 Woodard to Gatke 56.1993 Morton Com letter 57.06/11/51 Smith to McGaw 58. 01/11/71 Vyverberg to Saverstrom 59. NIMA pamphlet regarding asbestos 60. Minutes ACPA Health & Safety Council 61. 05/16/79 Manville memo regarding 05/22/79 asbestos CEO meeting 12 62. 07/19/83 agenda for 07/22/83 asbestos CEO meeting 63. 06/05/67 NIMA minutes 64. 10/10/67 NIMA minutes 65. 04/16/68 NIMA minutes 66. Saranac Laboratory to US gypsum vice president W. L. Keady: "Report of Dust Survey at National Asbestos Company Plant of United States Gypsum Company at Jersey City, NJ" by V. L. Gardner 05/25/36 - 06/02/36 67. 08/13/36 memorandum to W. L. Keady from General Service Manager regarding Dust Survey at Jersey City 68. All progress reports received from VanDiver Brown at Johns-Manville regarding Saranac asbestos experiments 69. 09/16/37 sales manager C. G. Scharwath letter about former assistant bookkeeper of old National Asbestos Company 70. 09/29/37 response to C. G. Scharwath letter by J. S. Offutt, Assistant to President 71. 10/08/37 note to price from Jersey City lawyer J. J. Cuneo 72. 10/28/37 Price reply to 10/08/37 note; 73.1948 internal operations bulletin 74. 02/11/54 company bulletin: "Elimination of Dusty Conditions" Number 2-5 75. 06/08/50 letter from Ben Miriello with attached death certificate 76. 12/50 letter from Ben Miriello; 77.12/27/50 reply to Ben Miriello 78. All materials from 09/19/67 meeting of the Gypsum Association 79. 07/23/73 memorandum to J. T. Allen, Jr. from C. M. Howard, Jr.: "Asbestos Pollution". 13 RESPONSE: Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 27. All statements, by parties in this case, which are oral, written or court reported, signed or jj ,I VO vk unsigned, to some person or entity other than an attorney or insurer. , cf RESPONSE: Objection. Overly broad and incapable of response. 28. All business records and business documents ofUnited States Gypsum Company, including, but not limited to, memoranda, reports, tests, correspondence and literature. RESPONSE: Objection. This request is vague, ambiguous, overbroad and unduly burdensome. Additionally, this request is overbroad in scope of time. This defendant discontinued manufacturing products with asbestos as part of their formulations in 1977. Inquiries into years subsequent to 1977 will not lead to the discovery of admissible evidence. Further, this Request is overbroad in that it is not limited to asbestos, the focus of this litigation. Without waiving these objections, non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time at this defendant's offices at 125 South Franklin Street, Chicago, IL. 29. All photographs, packaging, reports, labeling and samples pertaining to United States Gypsum Company asbestos containing products and asbestos packaging. RESPONSE: Objection. This Request is overbroad and unduly burdensome in that it is not limited to those asbestos containing products manufactured by this defendant which plaintiffs can herein establish are relevant to this litigation. Ifplaintiffs can demonstrate which of this defendants's asbestos containing products they may have utilized, this defendant will make 14 available to plaintiff responsive, non-privileged documents relative to such products, to the extent they exist, at a mutually convenient time at its offices at 125 South Franklin Street, Chicago, IL. 30. All reports and documents relating to the testing or analysis ofUnited States Gypsum Company products. RESPONSE: Objection. This Request is overbroad in that it is not limited to testing concerning asbestos, the focus of this litigation. Without waiving this objection, and relating to testing concerning asbestos, the following is a brief description of nonprivileged testing regarding asbestos or asbestos-containing materials which has been conducted by, on behalf of or with assistance from this defendant. The documents involved speak for themselves regarding the specific tests. Non-privileged documents relating to the studies and reports referenced below will be made available for plaintiffs inspection. In addition, there are unauthenticated documents relating to Dr. Gardner's Saranac study which this defendant believes are in the possession of or available to plaintiffs counsel. In an attempt to be responsive to interrogatories, the testing has been categorized and divided as follows: A. Fiber Release This defendant is aware of tests which were performed to measure the release of asbestos fibers during the mixing and sanding ofjoint compounds in the early 1970's. This defendant retained an expert, Dr. Morton Com, to perform two studies, both in Illinois: the first, a study ofthe ceiling at this defendant's corporate headquarters in Chicago in 1982; the second, at the William A. Duguid Company in Des Plaines in 1984. Additionally, in 15 1983 there was testing performed by the Ontario Research Foundation with respect to the non-friability of this defendant's acoustical plaster, Audicote. Tests were conducted for this defendant in 1965 by Boyle Engineering Laboratory on Firecode plaster for the purpose of determining surface erosion or dusting during high air velocity. In 1984 the Ontario Research Foundation began a study that was intended to monitor the air during encapsulation to measure asbestos fiber levels. The study, however, was not completed. Also, in 1985, Dr. Morton Com conducted a study at the William A. Duguid Company, the purpose of which was to determine whether asbestos fibers were released during the process of encapsulation. In 1985 This defendant conducted air sampling tests before, during and after encapsulation of acoustical plaster, not manufactured by this defendant, in the Yorkville, Illinois schools. Certain samples were taken from these schools, and certain testing was performed in 1987 on them by the Illinois Institute of Technology Research Institute (IITRI). IITRI's testing program was not completed. B. Plant Dust Surveys In the 1930's, Dr. Leroy U. Gardner of the Saranac Laboratories conducted investigations of this defendant's New Brighton and Oakfield, New York facilities. In addition, in 1936 this defendant retained Dr. Gardner to conduct an investigation of its Jersey City manufacturing plant, within months after its purchase. Beginning in the 1950's, surveys were conducted at various plants of this defendant. These involved studies ofnuisance dusts, one ofwhich was asbestos. C. Research Reports 16 This defendant has undertaken research projects concerning various performance parameters of its products. D. Doctor Gardner's Saranac Study This defendant contributed to a study conducted beginning approximately 1936 by Dr. Gardner of the Saranac Laboratory. E. Survey ofAirborne Fibers Clayton Environmental Consultants, Inc. was retained by this defendant in 1985 to conduct air sampling for asbestos at this defendants building at 101 South Wacker Drive, Chicago, Illinois. Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 31. Results from tissue samples sent to Saranac Laboratory in the early 1930's. RESPONSE: Non-privileged, responsive documents, to the extent they exist, will be made available to plaintiffs at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 32. Documents reflecting defendant's purchase of the National Asbestos Plant in Jersey City, NJ. RESPONSE: Objection. This Request is overbroad in that it is not limited to asbestos, the focus of this litigation. Without waiving this objection, non-privileged, responsive documents, to the extent they exist, will be made available to plaintiffs at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 17 33. Documents showing United States Gypsum Company as a member ofthe Asbestos Cement Products Association. RESPONSE: Non-privileged, responsive documents, to the extent that exist, will be made available to plaintiffs at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 34. Documents pertaining to safety procedures and all other information or literature pertaining to asbestos containing products and asbestos related conditions, including but not limited to records, materials and information. RESPONSE: Non-privileged, responsive documents, to the extent that exist, will be made available to plaintiffs at a mutually convenient time through this defendant's offices at 125 South Franklin Street, Chicago, IL. 35. An affidavit stating whether production is complete according to the knowledge of defendant and defendant's insurance carriers, attorneys, agents and employees. RESPONSE: Objection. See Prefatory Statement. Without waiving this objection, nonprivileged, responsive documents, to the extent they exist, will be made available to plaintiff at a mutually convenient time through U.S. Gypsum Company's offices at 125 South Franklin Street, Chicago, IL. STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) VERIFICATION I, S. P. Bjorklund, declare: I am the Manager, Financial and Business Analysis, of United States Gypsum Company, one ofthe above named defendants, and am authorizedto make this verificationfor and on behalf of said company; I have read the foregoing Answers, Objections, and other Responses to Plaintiff's First Request For Production and am informed and believe that the same is true and on that ground allege that the matters therein stated are true. I declare, under penalty ofperjury, that the foregoing is true and correct, and that this declaration was executed on1 \\ GlSRin Chicago, Illinois. Subscribed and sworn to before me this H day of , 1998. NotaryPublic . OFFICIAL SEAL TIMOTHY KOUBA NOTARY PUBLIC, STATE Of ILLINOIS .MYCOMMISSION EXPIRES 1M2-2000 PROOF OF SERVICE The undersigned certifies that a copy ofthe foregoing instrument was served upon the attorneys ofrecord of all parties to the above cause by enclosing the same in an envelope addressed to such attorneys at their business address as disclosed by the pleadings of record herein, with postage folly prepaid, and by depositing said envelope in a U.S. Post Office Box in Peoria, Illinois, on the ) [ day ofNovember, 1998. Walker & Wylder, Ltd. Attorneys at Law 207 W. Jefferson Street P.O. Box 3455 Bloomington, IL 61702-3455