Document 2q3O1M0RzEz8X2d7XG6e79V4g
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINaSEP 1 6 1Qq
ORAATLPEITGrHil PDVITVITISTPIOTANM
IJJOO
No. 84-278-CIV-5
'J.R1CH LEONARD, CLERK
M.S.DISTRICT COURT t DJST. NO. CAR.
JAMES S. PRICE
Plaintiff,
vs.
UNITED STATES GYPSUM CO., et al.
UNITED STATES GYPSUM COMPANY'S RESPONSES TO PLAINTIFFS' STANDARD FIRST SET OF INTERROGATORIES
Defendants,
1. (a) C. L. Murphy has reviewed these responses for purposes of meeting the verification requirements. (b) Manager, Financial Accounting. (c) 101 South Wacker Drive, Chicago, II 60606.
(d) Objection. This Interrogatory is not relevant and is not reasonably calculated to lead to the discovery
of admissible evidence.
(e) June 15, 1972 to the present.
.2 (a) United States Gypsum Company.
(b) Chicago, IL. (c) Delaware.
^ ^ ,it
(d) July 1, 1966, United States Gypsum Company^
#
(e-g) This defendant is not contesting persona^ - ?g o ~f5
jurisdiction for purposes of this a....c...t..i.o...n.....
g ^ jr
3. Yes, United States Gypsum Company.
4. (a) Yes.
(b) Yes.
(c) This defendant does not understand what is meant
by the term "processed such a product", and accordingly cannot form a response to this inquiry
'he
* ' With respect to the products identified in the Prefatory Statement and which were manufactured and sold at any time during Plaintiffs' alleged exposure periods:
Generic Name
Product Name
Years of
Color,
Manufacture Texture and
with Asbestos Packaqinq
Maximum Percentac of Chrysotile Asbestos
Basecoat Plasters
and Patching Plaster*
Structolite
Plaster for Machine Application
1955-1972
Red Top Wood Fiber Plaster
Regular and Machine Application
1945-1972
Red Top Gypsum Plaster for Machine Application
Red Top Patching Plaster
1961-1966 1929-1951
All basecoat. All basecoat, '
finish and
finish and
patching
patching plasters
plasters were contained 1.0% oi
white to
less of asbestos.
off-white
powders (with
the exception of
'
Oriental Interior
Finish Plaster
which was manu
factured in many
different colors)
All basecoat, 'finish and patching plasters were packaged in Kraft Paper Bags.
-
Finish Plasters*
Oriental
1942-1972
Interior
Finish Plaster
Red Top
1948-1972
Cover Coat
Finish Plaster
Red Top . Trowel Finish
1944-1968
-
Stucco
Oriental Exterior Finish Stucco
1930-1972
White and
1.0 or less
pastel powder
Kraft Paper Bags
EXHIBIT "A" Page 1 of 3
.
Generic Name
Product Name
Acoustical Audicote
Plasters
Acoustical
Plaster
Hi-Lite Acoustical Plaster Sabinite Acoustical Plaster
Years of Manufacture with Asbestos
Color, Texture and Packaging
Maximum Percenta of Chrysotile Asbestos
1954-1972
All acoustical
1.0-26.0%
plasters were
white to off-
white powder.
Kraft Paper Bags
1954-1972 '
.
1930-1964
Joint Comoounds
Siding Roofing Shingles
PERF-A-TAPE
1944-1976
USG 1937-1976
DURABOND
1962-1976
TEXOLITE
1963-1976
KEMIDOL
1971-1976
USG Cover Coat 1964-1976
DURABOND 90,
1970-1976
902, All
Purpose 6 XL
TEXOLITE
1952-1976
PASTE
SPACKLING
PUTTY
DURABOND
1952-1976
PASTE
SPACKLING PUTTY
USG Glatex Concord
USG
1937-1975 1937-1975 1937-1975
1937-1946 & 1967-1975
All joint
3.0-5.0%
compounds
were white to
off-white powders
or white to
greyish ready-
mix formulations.
Bags, buckets, and cartons
Approximately 12-1!
o.6-i;o%
Block
X-FAC
Insulation K-FAC 19
1943-i950 18 mos. during 1970-1971
Greyishwhite brittle, rigid, light weight block. Cartons.
10.0-21.0%
EXHIBIT "A" Page 2 of 3
t
Generic Name
Product Name
Years of
Color,
Manufacture Texture and
ivith Asbestos Packaging
Maximum Percental of Chrysotile Asbestos
Pipe covering
Ceiling Tiles
Asbestos Air
1936-1938
Cell; Wool
Felt Air Cell?
Laminated Asbestos
and Sponge Pipe
'
Covering; Hair and
Wool Felt Pipecovering;
Anti-Sweat Pipecovering;
Range Boiler Jackets;
Pyrobestos Pipe
Covering.
Acoustone 120 1967-1975 Acoustone 180 1966-1976
Fireproof Firecode D Plasters Firecode V
Spray Mineral Fiber
SprayDon
1962-1964 1964-1970
1965-1971
White to offwhite papers. Cartons.
30.0-91.0%
White, corrugated boxes.
Greyishwhite bags
Greyishwhite bags
Approximately 12 Approximately 13
Approximately 17
7.0%-30.0%
6 (c) (vi) .
The following are known to have been approved suppliers of asbestos: Canadian Johns-Manville, Lake Asbestos of Quebec, Nicolet Industries, Carey-Canadian, and Asbestos Corporation. It is unknown which source of supply was used in any particular product, which iftines the raw asbestos was mined from and which locations the raw asbestos was shipped from. This defendant has located no documentation to ascertain from whom asbestos was specifically purchased prior to 1973. For the years 1973 through 1976, additional asbestos suppliers to this defendant may have been Atlas Asbestos, Union Carbide, and Pacific Asbestos; Atlas Asbestos and Pacific Asbestos shipped only to California.
C EXHIBIT "A" Page 3 of 3
The decision to commence a project to attempt to reformulate joint compound products without asbestos was made in 1972 for
the purpose of manufacturing said products within OSHA guidelines. The decision was not made by a single individual and cannot even be traced to a specific group of individuals. Decisions relating to product retention and profitability are made with input from many groups within the Company.
Asbestos-free joint compounds began to be commercially produced at some plants in 1975.'-
Additionally, market demand for some products did not support the investment required for this defendant to
reformulate the product without asbestos. This decision was not made by a single individual and cannot even definitely be traced to a specific group of individuals. Decisions relating to profitability and product retention are made with input from many groups within the Company. Some individuals who may have participated in the decision bo discontinue some asbestoscontaining products, as given in testimony by J. N. Walker in Lexington Co. School District Five vs. USG, on July 26, 1983, are: Earl Maynard, Dr. Zabor (then Vice President, Research).
Of the products identified in Exhibit A, the following were
dropped from this defendant's product line due to low
profitability, unrelated to the fact that these products
contained some asbestos:
**
SABINITE
FIRECODE D
FIRECODE V
PAC TEX
A - B TEX Special Texture Paint Sanded Colored Texture Paint
USG Multipurpose Texture Paint <LCTP176)
USG Texture Paint
Special Texture Paint (LCTP - 197D)
Spray Texture
A - B TEX (LCTP 248B)
EXHIBIT "B" Page 1 of 3
USG Texture (LCTP - 2490
Spray Texture Paint (LCTP -245A)
Spray Texture Paint (LCTP - 253)
Simulated Acoustical Spray (46A, SA85)
Aggregated Spray Texture (LCTP - 272)
Aggregated Spray Texture (LSTP - 302B)
Simulated Acoustical Spray (1480
Aggregated Spray (LCTP - 3850
Imperial QT Regular Vermiculate (SA-298C) Spray Texture (LCTP 445B)
Smooth Hard Finish (HC 38C)
Imperial QT Texture (SA 323)
USG Super Hard Spray
USG Spray Texture (LCTP 421)
Spray Texture Finish (LCTP 447)
Simulated Acoustical Spray Texture (SA65A)
Simulated Acoustical Spray Texture (SA71)
Imperial QT Texture (SA185B)
Simulated Acoustical Spray (SA62A, 94C, 112A, 119D, 147# 150)
Simulated Acoustical Spray (SA151A)
,,
Imperial QT (SA71, 233B)
Multi-Purpose Texture (LCTP 384D).
R/M Simulated Acoustical Spray
Imperial QT Texture Polystyrene (SA331)
SHEETROCK Simulated Acoustical Spray (149)
SHEETROCK Simulated Acoustical Spray (x-7)
Aggregated Spray Texture (421-C)
EXHIBIT "B" Page 2 of 3
Imperial QT Regular (SA292C) Aggregated Spray Texture (LCTP 437F) Imperial QT Coarse Vermiculite
EXHIBIT "B" Page 3 of 3
STATE OF ILLINOIS )T
) SS
COUNTY OF COOK
)-
VERIFICATION
I, C. L. Murphy, declare:
I am the Manager, Financial Accounting, of United States
Gypsum Company, one of the above named defendants, and am
authorized to make this verification for and on behalf of said corporation;
I have read the foregoing Answers, Objections, and other
Responses to Plaintiff's First Sfet of Supplemental
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 September ll, 1985
in Chicago, Illinois.
Subscribed and sworn to before me this 11th day of September , 1985.
^------ Notary Public
f -S' *
c.
CERTIFICATE OF SERVICE
The undersigned counsel for the defendant. United States Gypsum Company, do hereby certify that a copy of the following document: UNITED STATES GYPSUM COMPANY'S RESPONSES TO PLAINTIFFS'' STANDARD FIRST SET OF INTERROGATORIES, was served upon the below-mentioned attorneys by depositing a copy of same in the United States Mail, with sufficient postage to assure delivery, addressed to said attorneys, as stated below.
This the /^^day of. 1985.
C '
-adz7 Hj/ skass
Darryl G. Lowe, Attorney for Defendant, United States Gypsum Company
Lowe & Shirley Suite 500 Hamilton Building 531 South Gay Street Knoxville, Tennessee 37902
*t it i
i i !
C
t
4
SERVED
Michael W. Patrick, Esquire
P. O. Box 1020
Chapel Hill, N.C. 27514
..
.
.
.*
Armistead J. Maupin, Esquire
P. O. Box 19764
Raleigh, N.C 27618
. '
Thomas El. Harris, Esquire P. O. Box 867 New Bern, N.C. 28560*
Charles H. Mercer, Jr., Esquire
P. O. Box 17884
Raleigh, N.C. 27619 *
"
Marvin D..Musselwhite, Jr., Esquire
P. O. Box 10096
Raleigh, N.C. 27605 " '
*
James G. Billings, Esquire P. O. Box 12807
Raleigh, N.C. *27605
Victor S. Bryant, Jr., Esquire
P. O. Box 341
......................
Durham, N.C. 27702
'
John E. Aldridge, Jr., Esquire
P. O. Box 31627
Raleigh, N.C. *27622 *
*
William K. Davis, Esquire P. O. Box 49 Winston-Salem, N.C. 27102
Gerald H. Davidson, Jr., Esquire P. 0. Box 21927 Greensboro, N.C. 274*20 '
F. Blackwell Stith, Esquire P. O. Drawer 1427 New Bern, N.C. 28560
James N. Golding, Esquire P. 0. -Box 7316 Asheville, N.C. 28807
H. Hugh Stevens, Jr., Esquire
P. 0. Box 389
Raleigh, N.C. 27602
I certify the foregoing to be a true
and correct copy of page 1, pages
1 through 3 of Exhibit A, pages 1
through 3 of Exhibit B, verification
page and the certificate of service
from "United States Gypsum Company's
Responses to Plaintiffs' Standard First
Set of Interrogatories.".
j
J. Rich Leonard, Clerk United States District Court Eastern District of North Carolina
Deputy Clerk