Document 3QoyELRw0Z8xxg5rqxMeoryaE

:'. * | PLAINTIFF'S | EXHIBIT a BLC-55 1 Duane Grummer, Esq. (State Bar #59445) Robert V. Betette, Esq. (State Bar #136337) 2 LYNCH, GILARDI & GRUMMER 50 Francisco Street, Suite 400 3 San Francisco, California 94133 Telephone: (415) 397-2800 4 Facsimile: (415) 397-0937 5 Attorneys for Defendant, A.P. GREEN SERVICES, INC., 6 fka "Bigelow-Liptak Corp." mcEivzo SEP 16 1997 WARTNSCK LAW ?\M 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN FRANCISCO 10 11 IN RE COMPLEX ASBESTOS LITIGATION ) ) 12 ) ) 13 ) ) 14 ) ) 15 No. 828684 VERIFIED RESPONSES OF A.P. GREEN SERVICES, INC., TO PLAINTIFFS' STANDARD GENERAL ORDER 29 INTERROGATORIES TO DEFENDANTS , 16 COMES NOW, Defendant, A.P. GREEN SERVICES, INC., formerly 17 known as "Bigelow-Liptak Corporation", and hereby submits'the 18 following verified responses to Plaintiffs' Standard 19 Interrogatories to Defendants, propounded pursuant to General 20 Order No. 29, as follows: 21 22 INTERROGATORY NO. 1: With respect to the individual verifying these answers on your behalf, state the following: (a) Their name; (b) Their present business address; (c) Their present job title; (d) Their date of first employment with you, and the EXHIBIT___ t t 1 dates and titles of each job position they have held while they 2 were employed by you. 3 4 RESPONSE TO INTERROGATORY NO. 1; 5 (a) Michael B. Cooney. 6 (b) Green Blvd., Mexico, Missouri 65265. 7 (c) Corporate Secretary; Member of Board of Directors. 8 (d) Michael B. Cooney has been Corporate Secretary of 9 Bigelow-Liptak Corporation since early 1988. 10 11 INTERROGATORY NO. 2: 12 Please state whether or not you are a corporation, and if 13 so, state: 14 (a) Your correct corporate name; 15 (b) Your state of incorporation; 16 (c) The date of your incorporation; 17 (d) The address of your principal place of 18 business; 19 (e) Whether or not you have ever held a certificate of 20 authority to do business in this state, and if so, the inclusive 21 dates of any certificate; 22 (f) Whether or not you have a registered agent for the 23 purpose of accepting service of process in this state, and if so, 24 their name and present address; 25 (g) If you are wholly owned or the majority interest of 26 your company is owned by another business entity, state that 27 entity's name and principal place of business. 28 2 1 RESPONSE TO INTERROGATORY NO. 2; 2 (a) A.P. Green Services, Inc. 3 (b) Michigan. 4 (c) 1926. 5 (d) Green Blvd., Mexico, Missouri 65265. 6 (e) Yes, from 1967 to October 1, 1989. 7 (f) Not at this time. 8 (g) Defendant is a wholly owned, separately managed 9 subsidiary corporation of A.P. Green Industries, Inc. 10 11 INTERROGATORY NO. 3: 12 Have you ever been identified, known, or done business 13 under any other name? If so, please state such name or names and 14 the time period during which this defendant was so known or 15 identified. 16 17 RESPONSE TO INTERROGATORY NO. 3: 18 Defendant was originally known as "Bigelow Arch Company" 19 in 1926. Bigelow Arch Company changed its name to "Bigelow20 Liptak Corporation" in 1927. Bigelow-Liptak Corporation changed 21 its name to "A.P. Green Services, Inc." in 1985. Before the time 22 the name was formally changed from Bigelow-Liptak to A.P. Green 23 Services, Inc., defendant did business within the relevant 24 geographic area (as defined herein) under the name "A.P. Green 25 Services" beginning sometime in the early to mid 1960's. 26 Investigation and discovery are continuing. Defendant 27 hereby reserves the right to rely at the time of trial or other 28 later proceeding on any later discovered information that may 3 ' ' -J 1 otherwise be responsive to this interrogatory. 2 3 INTERROGATORY NO. 4; 4 State whether you have controlled, purchased, or in any 5 way acquired any interest in any corporation or business entity 6 which has mined, manufactured, produced, processed, compounded, 7 sold, supplied, distributed and/or otherwise placed asbestos or 8 asbestos-containing products in the stream of commerce, and if 9 so, state: 10 (a) The name and address of said corporation or business 11 entity; 12 (b) The dates you controlled, purchased or acquired any 13 interest; and 14 (c) Set forth the nature of the business as it pertains 15 to asbestos. 16 17 RESPONSE TO INTERROGATORY NO. 4: 18 NO. 19 20 INTERROGATORY NO. 5: 21 Since 1930, at any time did you own any shares of stock 22 or otherwise have an ownership interest in a company that either 23 mines, produces, or sells raw asbestos fiber? If the answer is 24 in the affirmative, state the following: 25 (a) The name of such corporation or entity; 26 (b) The date of incorporation or charter; 27 (c) The state or country of incorporation; 28 (d) Each ownership interest owned in each corporation, 4 I 1 setting forth any change in such interest; 2 (e) The date such interest was acquired; 3 (f) The date of formation of such corporation or entity; 4 (g) The names of all shareholders owning more than 5% of 5 the shares of stock of such corporation; 6 (h) The date such interest changed or terminated, if 7 applicable; 8 (i) The name and location of each asbestos mine so 9 owned; 10 (j) The grade and type of asbestos mined at each mine. 11 12 RESPONSE TO INTERROGATORY NO. 5; 13 No. 14 15 INTERROGATORY NO. 6: 16 Please state the following: 17 (a) The address where the corporate records of this 18 defendant are currently located; and 19 (b) The name, job title, and current address of the 20 custodian for this defendant's corporate records.' 21 22 RESPONSE TO INTERROGATORY NO. 6: 23 (a) Green Blvd., Mexico, Missouri 65265. 24 (b) Michael B. Cooney; Corporate Secretary; 25 Green Blvd., Mexico, Missouri 65265. 26 27 INTERROGATORY NO. 7: 28 Please state whether this defendant, between 1930 and 5 1985, has ever engaged in the following activities with regard to 2 raw asbestos fiber, and if 3 of such activity: 4 (a) Mining; 5 (b) Milling; 6 (c) Supply; 7 (d) Importing; 8 (e) Processing; 9 (f) Distribution; 10 (g) Marketing; 11 (h) Sale. 12 13 RESPONSE TO INTERROGATORY 14 No. 15 16 INTERROGATORY NO. 8: 17 Please state whether this defendant, between 1930 and 18 1985, has ever engaged in the following activities with regard to 19 asbestos-containing products, and if so, please state the 20 inclusive dates of such activity; 21 (a) Supply; 22 (b) Importing; 23 (c) Distribution; 24 (d) Marketing; 25 (e) Sale; 26 (f) Labelling; 27 (g) Manufacturing. 28 6 1 RESPONSE TO INTERROGATORY NO. 8; 2 (a) No, this defendant did not "supply" any asbestos- 3 containing products as an individual commodity. This defendant 4 was primarily a refractory contractor within the relevant 5 geographic area. Defendant was engaged in the business of 6 installing and repairing high temperature furnace and vessel 7 linings. 8 This defendant may have installed some asbestos- 9 containing products in some of those units on which it worked. 10 The lining materials installed by this defendant, including any 11 asbestos-containing products, would generally have either been 12 supplied by the customer with whom this defendant had contracted, 13 or provided by this defendant as part of the lump sum price for 14 the services performed. 15 t Investigation and discovery are continuing. Defendant 16 hereby reserves the right to rely at the time of trial or other 17 later proceeding on any later discovered information that may 18 otherwise be responsive to this interrogatory. 19 (b) No. Investigation and discovery are continuing. 20 Defendant hereby reserves the right to rely at the time of trial 21 or other later proceeding on any later discovered information 22 that may otherwise be responsive to this interrogatory. 23 (c) No. Investigation and discovery are continuing. 24 Defendant hereby reserves the right to rely at the time of trial 25 or other later proceeding on any later discovered information 26 that may otherwise be responsive to this interrogatory. 27 (d) No. See also response to 8(a), above. 28 Investigation and discovery are continuing. Defendant hereby 7 } 1 reserves the right to rely at the time of trial or other later 2 proceeding on any later discovered information that may otherwise 3 be responsive to this interrogatory. 4 (e) No. . See also response to 8(a), above. 5 Investigation and discovery are continuing. Defendant hereby 6 reserves the right to rely at the time of trial or other later 7 proceeding on any later discovered information that may otherwise 8 be responsive to this interrogatory. 9 (f) No. Investigation and discovery are continuing. 10 Defendant hereby reserves the right to rely at the time of trial 11 or other later proceeding on any later discovered information 12 that may otherwise be responsive to this interrogatory. 13 (g) No. This defendant did not manufacture any asbestos 14 containing products. Investigation and discovery are continuing. 15 Defendant hereby reserves the right to rely at the time of trial 16 or other later proceeding on any later discovered information 17 that may otherwise be responsive to this interrogatory. 18 19 INTERROGATORY NO. 9: 20 If your answer to Interrogatory No. 7 regarding "raw 21 asbestos fiber" is in the affirmative, please state the following: (a) The trade, brand name, and/or generic name of each such raw asbestos fiber mined, milled, supplied, distributed, processed, imported, labelled, and/or marketed in any form or quantity between 1930 and 1985; (b) The date(s) each such raw asbestos fiber was first placed on the market, including the date(s) each such raw 8 > 1 asbestos fiber was first marketed: 2 (i) on an experimental basis; 3 (ii) on a test basis; or 4 (iii) for sale. 5 (c) The date(s) each such raw asbestos fiber: 6 (i) ceased to be produced; or 7 (ii) was recalled from the market, if 8 ever. 9 (d) A description of the chemical composition of each 10 such raw asbestos fiber, including the type and/or grade of 11 asbestos; 12 (e) A description of the physical appearance and nature 13 of each such raw asbestos fiber, including any color coding, 14 distinctive marking and/or logo; 15 (f) A detailed description of the intended use of each 16 such raw asbestos fiber, including any temperature limits for 17 each such use; 18 (g) Whether such raw asbestos fiber was on the U.S. 19 Government's "Qualified Products List", and if so, the inclusive 20 dates it was on such list; 21 (h) Whether any of this defendant's "raw asbestos 22 fibers" have, at any time, been sold to any companies (including power companies or utilities), shipyards, distributors, refineries, suppliers and/or manufacturers in the defined geographic area. If so, please state: (i) The names of each such company, shipyard, distributor, supplier, manufacturer or refinery; (ii) The inclusive dates of each such 9 ) 1 sale, and the amount (volume) and the trade or brand name of each 2 such raw asbestos fiber sold; 3 (iii) Whether you have any records 4 indicating any such sale and, if so, the name, address and job 5 classification of each individual who currently has possession of 6 such records. 7 (i) Describe the types of records sufficiently to 8 identify them for discovery purposes which set forth any of the 9 foregoing information and the custodian thereof (giving name and 10 address) of each such records. 11 12 RESPONSE TO INTERROGATORY NO. 9; 13 Not applicable. See response to Interrogatory No. 7, 14 above. 15 16 INTERROGATORY NO. 10: 17 If your answer to Interrogatory No. 8 regarding 18 "asbestos-containing products" is in the affirmative, please 19 state the following: 20 (a) The trade, brand name, and/or generic name of each 21 such asbestos-containing product sold, supplied, distributed, 22 processed, imported, labelled, manufactured, and/or marketed in 23 any form or quantity between 1930 and 1985; 24 (b) The date(s) each such asbestos-containing product 25 was first placed on the market, including the date(s) each such 26 asbestos-containing product was first marketed: 27 (i) on an experimental basis; 28 (ii) _ on a test basis; or 10 V 1 (iii) for sale. 2 (c) The date(s) each such asbestos-containing product: 3 (i) ceased to be produced; or 4 (ii) was recalled from the market, if 5 ever. 6 (d) A description of the chemical composition of each 7 such asbestos-containing product, including the type and/or grade 8 of asbestos and/or asbestos fiber contained in each such product 9 and the quantitative percentage of asbestos or asbestos fiber in 10 each such product; 11 (e) A description of the physical appearance and nature 12 of each such asbestos-containing product, including any color 13 coding, distinctive marking and/or logo; 14 (f) A detailed description of the intended use of each 15 such asbestos-containing product, including any temperature 16 limits for each such use; 17 (g) Whether any such asbestos-containing product was on 18 the U.S. Government's "Qualified Products List", and if so, the 19 inclusive dates it was on such list; 20 (h) The name and address of the supplier's of the raw 21 asbestos fiber used in each such product and the time period of 22 such supply; 23 (i) Whether any of this defendant's "asbestos-containing 24 products" have, at any time, been sold to any companies 25 (including power companies or utilities), shipyards, 26 distributors, refineries, suppliers and/or manufacturers in the 27 defined geographic area. If so, please state: 28 (i)^ The names of each such company, 11 I ) 1 shipyard, distributor, supplier, manufacturer or refinery; 2 (ii) The inclusive dates of each such 3 sale, and the amount (volume) and the trade or brand name of each 4 such asbestos-containing product sold; 5 (iii) Whether you have any records 6 indicating any such sale and, if so, the name, address and job 7 classification of each individual who currently has possession of 8 such records. 9 (j) Describe the types of records sufficiently to 10 identify them for discovery purposes which set forth any of the 11 foregoing information and the custodian thereof (giving name and 12 address) of each such records. 13 14 RESPONSE TO INTERROGATORY NO. 10: 15 This defendant was primarily a refractory contractor 16 within the relevant geographic area. Defendant was engaged in 17 the business of installing and repairing high temperature furnace 18 and vessel linings. Defendant did not manufacture, import, 19 distribute or label asbestos-containing products. . Defendant did 20 not sell, "supply" or market asbestos-containing products as an 21 individual commodity. Defendant was, at most, only a consumer of 22 these products. 23 This defendant may have installed some asbestos24 containing products in some of those units on which it worked. 25 The lining materials installed by this defendant, including any 26 asbestos-containing products, would generally have either been 27 supplied by the customer with whom this defendant had contracted, 28 or provided by this defendant as part of the lump sum price for 12  1 the services performed. 2 The asbestos-containing products that may have been 3 installed by this defendant were generally either manufactured by 4 Eagle-Picher pursuant to a private labeling agreement with this 5 defendant as described in response to Interrogatory No. 13, 6 infra., or were supplied by other manufacturers. It is unknown 7 at this time what asbestos-containing products, if any, were used 8 by this defendant in California. 9 Investigation and discovery are continuing. Defendant 10 hereby reserves the right to rely at the time of trial or other 11 later proceeding on any later discovered information that may 12 otherwise be responsive to this interrogatory. 13 (b) Unknown. This defendant would have only used these 14 products as a contractor. Investigation and discovery are 15 continuing. Defendant hereby reserves the right to rely at the 16 time of trial or other later proceeding on any later discovered 17 information that may otherwise be responsive to this 18 interrogatory. 19 (c) Unknown. This defendant would have only used these 20 products as a contractor. Investigation and discovery are 21 continuing. Defendant hereby reserves the right to rely at the 22 time of trial or other later proceeding on any later discovered 23 information that may otherwise be responsive to this 24 interrogatory. 25 (d) The exact chemical composition of these products is 26 unknown at this time. Defendant did not design or manufacture 27 these products. This defendant would have only used these 28 products as a contractor. Please see, however, response to 13 1 Interrogatory No. 20, infra., with respect to product information 2 sheets. 3 Investigation and discovery are continuing. Defendant 4 hereby reserves the right to rely at the time of trial or other 5 later proceeding on any later discovered information that may 6 otherwise be responsive to this interrogatory. 7 (e) Defendant did not design or manufacture these 8 products. This defendant would have only used these products as 9 a contractor. Please see, however, response to Interrogatory No. 10 20, infra., with respect to product information sheets. 11 Investigation and discovery are continuing. Defendant 12 hereby reserves the right to rely at the time of trial or other 13 later proceeding on any later discovered information that may 14 otherwise be responsive to this interrogatory. 15 (f) Defendant did not design or manufacture these 16 products. This defendant would have only used these products as 17 a contractor. Please see, however, response to Interrogatory No. 18 20, infra., with respect to product information sheets. 19 Investigation and discovery are continuing. Defendant 20 hereby reserves the right to rely at the time of trial or other 21 later proceeding on any later discovered information that may 22 otherwise be responsive to this interrogatory. 23 (g) Unknown at this time. This defendant would have 24 only used these products as a contractor. 25 Investigation and discovery are continuing. Defendant 26 hereby reserves the right to rely at the time of trial or other 27 later proceeding on any later discovered information that may 28 otherwise be responsive to this interrogatory. 14 ' _/ 1 (h) Unknown at this time. This defendant would have 2 only used these products as a contractor. 3 Investigation and discovery are continuing. Defendant 4 hereby reserves the right to rely at the time of trial or other 5 later proceeding on any later discovered information that may 6 otherwise be responsive to this interrogatory. 7 (i) Not applicable. As previously stated, this 8 defendant was primarily a refractory contractor within the 9 relevant geographic area. Defendant was engaged in the business 10 of installing and repairing high temperature furnace and vessel 11 linings. Defendant did not manufacture, import, distribute or 12 label asbestos-containing products. Defendant did not sell, 13 "supply" or market asbestos-containing products as an individual 14 commodity. At most, this defendant was a consumer of these 15 products. See response to Interrogatory No. 8, above. 16 Investigation and discovery are continuing. Defendant 17 hereby reserves the right to rely at the time of trial or other 18 later proceeding on any later discovered information that may 19 otherwise be responsive to this interrogatory. 20 (j) See response to section 10(i), above. 21 Investigation and discovery are continuing. Defendant 22 hereby reserves the right to rely at the time of trial or other 23 later proceeding on any later discovered information that may 24 otherwise be responsive to this interrogatory. 25 26 INTERROGATORY NO. 11; 27 If any of the distributors identified in your answer to 28 Interrogatory Nos. 9 and 10 above was an exclusive 15 1 distributorship, please so state and identify the relevant time 2 period. 3 4 RESPONSE TO INTERROGATORY NO. 11; 5 Not applicable. Defendant has not identified any 6 distributors in response to Interrogatory No.s 9 and 10. See 7 responses to Interrogatory No.s 9 and 10, above. 8 Investigation and discovery are continuing. Defendant 9 hereby reserves the- right to rely at the time of trial or other 10 later proceeding on any later discovered information that may 11 otherwise be responsive to this interrogatory. * 12 13 INTERROGATORY NO. 12: 14 If this defendant entered into any agreements for the re 15 branding of any asbestos-containing product(s) and/or material(s) 16 mined, imported, manufactured, sold, distributed, and/or supplied 17 by this defendant for resale or distribution by another company, 18 describe each agreement's terms and the parties to said 19 agreement, the duration of the agreement, and name of each 20 product(s) and/or material(s) covered by each such agreement. 21 22 RESPONSE TO INTERROGATORY NO. 12; 23 Not applicable. This defendant did not enter into any 24 such agreements. 25 Investigation and discovery are continuing. Defendant 26 hereby reserves the right to rely at the time of trial or other 27 later proceeding on any later discovered information that may 28 otherwise be responsive to this interrogatory. 16 1 INTERROGATORY NO. 13: 2 If this defendant entered into any agreements for the re 3 branding of asbestos-containing products and/or materials mined, 4 imported, manufactured, sold, distributed, and/or supplied by 5 another company for resale or distribution by vour company. , 6 describe each of the agreements and the parties to said 7 agreement, the terms, the duration, and the names of each 8 product(s) and/or material(s) covered by each such agreement. 9 10 RESPONSE TO INTERROGATORY NO. 13i 11 A private labeling agreement was entered into between 12 Bigelow-Liptak Corporation and Eagle-Picher in 1949. Eagle13 Picher agreed to manufacture and sell to Bigelow-Liptak for its 14 own use various products with a Bigelow-Liptak label. 15 Those asbestos-containing products manufactured by Eagle16 Picher for use by Bigelow-Liptak include the following: 17 C-18 Insulating Cement; 18 C-10 Finishing Cement; 19 FC-11 Insulating Finishing Cement; 20 RC-23 Insulating Cement; 21 WP protective coating; BC plastic-type coating. Investigation and discovery are continuing. Defendant hereby reserves the right to rely at the time of trial or other later proceeding on any later discovered information that may otherwise be responsive to this interrogatory. 17 1 1 INTERROGATORY HO. 14: 2 State whether any asbestos used, processed, mined, 3 manufactured, imported, supplied, distributed, labelled, and/or 4 sold by this defendant was purchased from or acquired from the 5 General Service Administrative or any branch or agency of the 6 United States Government during the period 1930 to 1985. If your 7 answer is in the affirmative, state: 8 (a) The name and address of the agency which supplied 9 the asbestos; 10 (b) The grade and types of asbestos purchased or 11 acquired; 12 (c) The quantities of each type of asbestos purchased or 13 acquired annually during the period 1930 to 1985; 14 (d) The means of packaging; 15 (e) The health warnings, if any, which accompanied each 16 shipment of asbestos, and indicate when said warnings were first 17 made part of the shipments. 18 19 RESPONSE TO INTERROGATORY NO. 14: 20 This information is unknown at this time. As previously 21 stated, this defendant was primarily a refractory contractor 22 within the relevant geographic area. Defendant was engaged in 23 the business of installing and repairing high temperature furnace and vessel linings. Defendant did not manufacture, import, distribute or label asbestos-containing products. ,Defendant did not sell, "supply" or market asbestos-containing products as an individual commodity. At most, this defendant was a consumer of these products. 18 1 Investigation and discovery are continuing. Defendant 2 hereby reserves the right to rely at the time of trial or other 3 later proceeding on any later discovered information that may 4 otherwise be responsive to this interrogatory. 5 6 INTERROGATORY NO. 15; 7 As to each such asbestos-containing product listed in 8 defendant's preceding answers to interrogatories, did defendant 9 put on such products or their containers any warning of their 10 hazards to health by virtue of the asbestos content of such 11 products? If so, state for each such warning: 12 (a) Each such warning with particularity, with regard to 13 size, color, and location; whether the warning was contained on 14 the material or on the container; whether the warning was 15 printed, stamped, and/or placed on a tag; and nature and wording 16 or other content. State whether you have any photographs 17 thereof; 18 (b) The inclusive date on which you began using each 19 such warning on each of your asbestos-containing products; and 20 (c) All changes you made in such warnings and the dates 21 of such changes. 22 RESPONSE TO INTERROGATORY NO. 15: (a) This defendant would have only used these products as a contractor. This information is equally available in this litigation to plaintiffs from the manufacturers of these products. As previously stated, this defendant was primarily a refractory contractor within the relevant geographic area. 19 1 Defendant was engaged in the business of installing and repairing 2 high temperature furnace and vessel linings. Defendant did not 3 manufacture, import, distribute or label asbestos-containing 4 products. Defendant did not sell, "supply" or market asbestos5 containing products as an individual commodity. See response to 6 Interrogatory No. 8, above. 7 Since this defendant did not manufacture any asbestos- 8 containing products and did not sell, "supply" or market any such 9 products as an individual commodity, it did not devise any 10 warnings. Instead, this defendant relied upon any and all 11 warnings or other product information that was supplied to 12 consumers by the manufacturers. 13 With respect to those asbestos-containing products 14 manufactured by Eagle-Picher for use by Bigelow-Liptak, Eagle- 15 Picher included a cautionary note which was placed on the 16 packaging. Defendant is informed and believes that Eagle-Picher 17 began including the cautionary note in 1964. Eagle-Picher 18 stopped making asbestos-containing products in 1971. 19 The Eagle-Picher cautionary note read as follows: 20 "CAUTION. This product contains asbestos fiber. Inhalation of asbestos 21 in excessive quantities over long periods of time may be harmful. If dust 22 is created when this product is handled, avoid breathing the dust. If 23 adequate ventilation control is not possible, wear respirators approved by the U.S. Bureau of Mines for Pneumoconiosis producing dust". The size, color and location of the Eagle-Picher cautionary note is unknown at this time. Defendant recalls that the cautionary note was to be printed on the packaging. 20 1 Defendant is unaware at this time of any photographs of the 2 cautionary note. 3 Investigation and discovery are continuing. Defendant 4 hereby reserves the right to rely at the time of trial or other 5 later proceeding on any later discovered information that may 6 otherwise be responsive to this interrogatory. 7 (b) This defendant would have only used these products 8 as a contractor. This information is equally available in this 9 litigation to plaintiffs from the manufacturers of these 10 products. See response to 15(a), above. 11 Investigation and discovery are continuing. Defendant 12 hereby reserves the right to rely at the time of trial or other 13 later proceeding on any later discovered information that may 14 otherwise be responsive to this interrogatory. 15 (c) This defendant would have only used these products 16 as a contractor. This information is equally available in this 17 litigation to plaintiffs from the manufacturers of these 18 products. Defendant is unaware at this time of any changes 19 that may have been made to the Eagle-Picher cautionary note. 20 Investigation and discovery are continuing. Defendant 21 hereby reserves the right to rely at the time of trial or other 22 later proceeding on any later discovered information that may 23 otherwise be responsive to this interrogatory. INTERROGATORY NO. 16: As to any of the bags of raw asbestos fiber referred to in defendant's preceding answers to interrogatories, did defendant put on_such bags any warning of the hazards to health 21 I 1 by virtue of the asbestos contained therein? If so, state for 2 each such warning: 3 (a) Each such warning with particularity, with regard to 4 size, color, location, wording or other content; whether the 5 warning was contained on the material or on the container; 6 whether the warning was printed, stamped, and/or placed on a tag 7 attached to the material or container; 8 (b) The inclusive dates each such warning was issued on 9 your bags of raw asbestos fiber; 10 (c) All changes you made in such warnings, the dates of 11 such changes, and the inclusive dates of such changes; and 12 (d) The name, address and job title of each person who 13 presently has possession of samples or documents relating to the 14 above warnings. 15 16 RESPONSE TO INTERROGATORY NO. 16: 17 Not applicable. See response to Interrogatory No. 7, 18 above. 19 20 INTERROGATORY NO. 17: 21 With respect to each of your asbestos-containing 22 products, state whether this defendant's name, a trademark, 23 logos, color coding, or other identifying markings ever appeared 24 on the actual product itself. If so, identify each such product, 25 state when the practice to place such identifying markings upon the product was begun and when it ended, if applicable, and describe in detail the pertinent marking(s) and the purpose, if any, of such markings. 22 1 and/or raw asbestos fibers. Identify the name of the case, the 2 court of filing, the court docket number, and the date of the 3 deposition. 4 5 RESPONSE TO INTERROGATORY NO. 18; 6 As previously stated, this defendant was primarily a 7 refractory contractor within the relevant geographic area. 8 Defendant was engaged in the business of installing and repairing 9 high temperature furnace and vessel linings. 10 Defendant did not manufacture, import, distribute or 11 label asbestos-containing products. Defendant did not sell, 12 "supply" or market asbestos-containing products as an individual 13 commodity. At most, this defendant was a consumer of these 14 products. See response to Interrogatory No. 8, above. 15 Defendant identifies the following deposition(s): 16 1. Robt. W. Jones; North Dakota (October 1, 1992) (Charles Anderson, et al. v. AcandS, Inc., et al.. In District 17 Court, South Central Judicial Division, County of Burleigh, North Dakota; Cause No. Filed Generally In Asbestos Litigation). 18 2. Robt. W. Jones; West Virginia (August 6, 1993) (In 19 Re: Asbestos; Civil Action No. 92-C-8888, In The Circuit Court of Kanawha County, West Virginia). 20 3. Michael B. Cooney; (May 22, 1996) (Carl Cox, et al., 21 vs. Abex Corp., et al.. Civil Action No. 964985, et al., In The Superior Court Of California In And For The City And County Of 22 San Francisco). 4. Michael B. Cooney; (April 3, 1997) (Rafi Barkat, et al_ vs. Asbestos Defendants: Civil Action No. 980647; In The Superior Court Of California In And For The City And County Of San Francisco). 5. Michael B. Cooney; (April 4, 1997) (Wartnick Group 34: Karen Gatton vs. Ravbestos-Manhattan. Inc, et al.: Civil Action No. 970360 et al.; In The Superior Court Of California In And For The City And County Of San Francisco). Investigation and discovery are continuing. Defendant 24 .J 1 hereby reserves the right to rely at the time of trial or other 2 later proceeding on any later discovered information that may 3 otherwise be responsive to this interrogatory. 4 5 INTERROGATORY 19; 6 Between the years 1930 and 1985, did this defendant 7 purchase or otherwise acquire any asbestos-containing product 8 line from another company? If so, please state for each such 9 purchase: 10 (a) Date of contract of sale; 11 (b) Terms of purchase and sale agreement, or if you will 12 do so without a motion to produce, attach a copy of said 13 agreement(s) to your answers; 14 (c) Trade, brand, and/or generic name of each such 15 product line so acquired; 16 (d) Name of company from whom you purchased each such 17 asbestos-containing product line; and 18 (e) Location of any manufacturing facilities so 19 acquired, and the type of asbestos products manufactured therein. 20 21 RESPONSE TO INTERROGATORY NO. 19: No. Investigation and discovery are continuing. Defendant hereby reserves the right to rely at the time of trial or other later proceeding on any later discovered information that may otherwise be responsive to this interrogatory. INTERROGATORY NO. 20t Identify all brochures, pamphlets, catalogs or other 25 I j 1 advertising relating to asbestos-containing products and/or raw 2 asbestos fibers which this defendant manufactured, sold, 3 distributed or supplied from the year 1930 to 1985. For each 4 such document please state: 5 (a) A description of the document; 6 (b) The year it was printed; 7 (c) The period of time in which it was used; 8 (d) The purpose of such document; 9 (e) Whether the documents or copies of said document 10 presently exist; 11 (f) If said documents or copies still exit, where they 12 are located; and 13 (g) The name, job title, and current address of the 14 custodian of such documents. 15 16 RESPONSE TO INTERROGATORY NO. 20: 17 This defendant was primarily a refractory contractor 18 within the relevant geographic area. Defendant was engaged in 19 the business of installing and repairing high temperature furnace 20 and vessel linings. 21 Defendant did not manufacture, import, distribute or 22 label asbestos-containing products. Defendant did not sell, 23 "supply" or market asbestos-containing products as an individual 24 commodity. Defendant was, at most, only a consumer of these 25 products. See response to Interrogatory No. 8, above. Bigelow-Liptak did have a publication that generally describes the services it had to offer. This publication includes a reference to various materials that.could be used in 26 1 Bigelow-Liptak refractory applications. See Exhibit "A", 2 attached. 3 (a) Bigelow-Liptak promotional literature entitled 4 "Bigelow-Liptak Industrial Furnace and Arch Construction." 5 (b) The year printed is unknown. However, this 6 publication was copyrighted in 1954. 7 (c) This publication was copyrighted in 1954. The 8 period of time in which it was used is unknown at this time. 9 (d) The exact purpose of this document is unknown at 10 this time. 11 (e) Yes. 12 (f) Counsel on behalf of A.P. Green Services are in 13 possession of copies. 14 (g) See subpart {f), above. 15 Bigelow-Liptak also had product information sheets for 16 those products manufactured by Eagle-Picher for Bigelow-Liptak as 17 described in response to Interrogatory No. 13, supra. See 18 Exhibit "B" , attached. 19 (a) Product information sheets. 20 (b) Unknown at this time. 21 (c) Unknown at this time. 22 (d) Provide product information. (e) Yes. (f) Counsel on behalf of A.P. Green Services are in possession of copies. (g) See subpart (f), above. Investigation and discovery are continuing. Defendant hereby reserves the right to rely at the time of trial or other 27 1 later proceeding on any later discovered information that may 2 otherwise be responsive to this interrogatory. 3 4 INTERROGATORY NO. 21; 5 Were any of the raw asbestos fibers identified in 6 Interrogatory No. 9 sold, shipped or distributed to the General 7 Services Administration (GSA)? If so, specify the type of raw 8 asbestos fiber and state the period of time. 9 10 RESPONSE TO INTERROGATORY NO. 21i 11 Not applicable. See response to Interrogatory No. 9, 12 above. 13 14 INTERROGATORY NO. 22: 15 Were any of the asbestos-containing products identified 16 in Interrogatory No. 10 sold, shipped or distributed to General 17 Services Administration (GSA)? If so, specify the name of the 18 asbestos-containing products and state the period of time. 19 20 RESPONSE TO INTERROGATORY NO. 22: 21 This defendant was primarily a refractory contractor within the relevant geographic area. Defendant was engaged in the business of installing and repairing high temperature furnace and vessel linings. Defendant did not manufacture, import, distribute or label asbestos-containing products. Defendant did not sell, "supply" or market asbestos-containing products as an individual commodity. At most, this defendant was a consumer of these products. See response to Interrogatory No. 8, above. 28 1 Investigation and discovery are continuing. Defendant 2 hereby reserves the right to rely at the time of trial or other 3 later proceeding on any later discovered information that may 4 otherwise be responsive to this interrogatory. . 5 6 INTERROGATORY NO. 23: 7 Please state if you formed within your corporate 8 structure an entity known as a "contract unit". . 9 10 RESPONSE TO INTERROGATORY NO. 23: 11 As "contract unit" is defined in these interrogatories, 12 this defendant did not form a contract unit within its corporate 13 structure. However, this defendant was primarily a refractory 14 contractor within the relevant geographic area. Defendant was 15 engaged in the business of installing and repairing high 16 temperature furnace and vessel linings. 17 18 INTERROGATORY NO. 24: 19 Please state whether or not any of your "contract units" 20 were employed in the installation and/or removal of raw asbestos 21 fiber and/or asbestos-containing products at any time in the 22 defined geographic area for the years 1930 to 1985. If so, 23 please state: 24 (a) The inclusive periods of time the contract units 25 were working in the defined geographic area; units; (b) The business addresses and names of the contract (c) Any records showing the locations of the jobsites 29 ' i  ` fr 1 where the contract units worked, and if so, describe them 2 sufficiently to identify them for discovery purposes, and their 3 present custodian; 4 (d) Did your contract units work in any shipyards, 5 refineries, power plants, utility companies, breweries, or other 6 jobsites in the defined geographic area? If so, state the name 7 of those jobsites and the dates the contract units worked at 8 those jobsites; 9 (e) For each jobsite listed above, state the type and 10 nature of the work that was done. 11 12 RESPONSE TO INTERROGATORY NO. 24: 13 (a) Bigelow-Liptak did business within the relevant 14 geographic area under the name "A.P. Green Services" and would 15 install and repair high temperature furnace and vessel linings. 16 Some of these linings may have utilized asbestos-containing 17 products. Bigelow-Liptak did business under the name "A.P. Green 18 Services" beginning in the early 1960's until approximately 1985 19 when the company name was changed. 20 Investigation and discovery are continuing-. Defendant 21 hereby reserves the right to rely at the time of trial or other 22 later proceeding on any later discovered information that may 23 otherwise be responsive to this interrogatory. 24 (b) The A.P. Green Services office within the relevant 25 geographic area was located at 580 Indiana Street, in San 26 Francisco, California. 27 Investigation and discovery are continuing. Defendant 28 hereby reserves the right to rely at the time of trial or other 30 BBSS? mmmm 1 later proceeding on any later discovered information that may 2 otherwise be responsive to this interrogatory. 3 (c) It is impossible to determine from those business 4 records that still exist today the locations of jobsites within 5 the relevant geographic area'where this defendant installed or 6 removed any asbestos-containing products. 7 This defendant is no longer in business and has long 8 since disposed of the vast majority of its business records. 9 When this defendant was actively engaged in business, it did 10 maintain job cards and job files. Although job cards still exist 11 today,' it is unknown whether all cards have been retained. Most 12 job files before 1981 have been discarded. Not all post-1981 job 13 files have been retained. 14 The fact that a job card still exists does not 15 necessarily mean that any work was actually done at the location. 16 It was the general practice to create job cards at the time this 17 defendant would bid a job. Defendant was not awarded every job 18 it bid. 19 In addition, there is no reference on the job cards to 20 the type of work to be performed. The job cards make no 21 reference to the installation, removal or repair of any materials, asbestos- containing or otherwise. Investigation and discovery are continuing. Defendant hereby reserves the right to rely at the time of trial or other later proceeding on any later discovered information that may otherwise be responsive to this interrogatory. (d) See response to Interrogatory No. 24(c), above. Investigation and discovery are continuing. Defendant hereby 31 .J 1 reserves the right to rely at the time of trial or other later 2 proceeding on any later discovered information that may otherwise 3 be responsive to this interrogatory. 4 (e) See response to Interrogatory No. 24(c), above. 5 Investigation and discovery are continuing. Defendant hereby 6 reserves the right to rely at the time of trial or other later 7 proceeding on any later discovered information that may otherwise 8 be responsive to this interrogatory. 9 10 INTERROGATORY NO. 25: 11 From 1930 to present, did you have insurance against 12 liability for the design, manufacture, distribution and sale of 13 asbestos-containing products? 14 15 RESPONSE TO INTERROGATORY NO. 25: 16 This interrogatory calls for a legal conclusion 17 concerning insurance coverage matters the answer to which this 18 defendant does not currently know. There are coverage matters 19 that have not yet been resolved between this defendant and its 20 insurance carriers. 21 22 INTERROGATORY NO. 26; 23 If your answer to-the preceding interrogatory is in the 24 affirmative, please state: 25 (a) Name and address of each insurance company; 26 (b) Date and number of each policy: 27 (c) Limits of each policy, including the deductible;.and 28 (d) Name, address, and company position of person who 32 1 has custody of each policy. 2 3 RESPONSE TO INTERROGATORY NO. 26t 4 Again, this interrogatory calls for a legal conclusion 5 concerning insurance coverage matters the answer to which this 6 defendant does not currently know. There are coverage matters 7 that have not yet been resolved between this defendant and its 8 insurance carriers. 9 However, the defense of this A.P. Green Services in this 10 litigation is currently being provided under a reservation of 11 rights by various insurers. The lead insurer is the Great 12 American Insurance Company, 580 Walnut Street, Cincinnati, Ohio 13 45202-3180. 14 15 16 DATED: September 15, 1997 LYNCH, GILARDI & GRUMMER 17 18 By: Robert V. Betette, Esq. 19 Attorneys for Defendant, A.P. GREEN SERVICES, INC., 20 fka "Bigelow-Liptak Corp." 21 22 ASB\APO\F\VER-RESP.G29 23 24 25 26 27 28 33 (AS AGREED, VARIFICATION TO FOLLOW) 1 PROOP OF SERVICE 2 I certify that I am over the age of 18 years and not a party to 3 the within action; that my business address is 50 Francisco Street, 4 Suite 400, San Francisco, CA 94133; and that on this date I served 5 a true copy of the document (s) entitled: A.P. Green - Services, 6 Inc.'s Verified Responses to Plaintiff's Standard General Order 29 7 Interrogatories in the matter of IN RE COMPLEX ASBESTOS LITIGATION 8 on the following parties: 9 Wartnick, Chaber, etal. 10 101 California Street, Ste. 2200 San Francisco, CA 94111-5802 11 Fax: (415) 986-5896 12 Service of the above noted document(s) was effectuated in the following manner: 13 ____ By Regular Mail through enclosing them in a sealed envelope, 14 addressed as noted above, with postage fully prepaid and placing them for collection and mailing following the 15 ordinary business practices of Lynch, Gilardi & Grummer. 16 X By Hand Delivery in a sealed envelope, addressed as noted above, through services provided by Lightning Messenger and 17 billed to Lynch, Gilardi & Grummer. 18 ____ By Facsimile to .the numbers as noted above by placing them for facsimile transmittal, following the ordinary business 19 practices of Lynch, Gilardi & Grummer. ____ By Overnight Courier in a sealed envelope, addressed as 20 noted above, through services provided by Federal Express and billed to Lynch, Gilardi Sc Grummer. 21 I declare under penalty of perjury that the foregoing is true 22 and correct. 23 Executed on September 16, 1997, at San Francisco, California. 24 25 John R. Tate 26 27 28