Document 44XagYjgxQQpqmbZKqNQgR4ne
NO. 92-02693
JOHN A. LOPER, SR. and PATSY LOPER; WILLIAM GEORGE WALLACE and SHELBY WALLACE; THOMAS COLTON BULLOCH, JR. and MARILYN BULLOCH; ROBERT EARL BUMPERS and FAYE BUMPERS; WILLIE F. MARTIN and IDA FAYE MARTIN; JAMES CLOIS HODGINS and DOROTHY HODGINS; and WOODROW WILSON SMITH and MELBA SMITH
Plaintiffs
versus
FIBREBOARD CORPORATION, et al.
Defendants
IN THE DISTRICT COURT TRAVIS COUNTY, TEXAS 53RD JUDICIAL DISTRICT
WESTINGHOUSE ELECTRIC CORPORATION'S FIRST AMENDED OBJECTIONS AND RESPONSES TO PLAINTIFFS' INTERROGATORIES MAILED TO DEFENDANT ON OR ABOUT APRIL 21. 1993
TO:
Plaintiffs, by and through their counsel of record, Russell W. Budd, Baron & Budd, The Centrum, 3102 Oak Lawn Avenue, Suite 1100, Dallas, Texas 75219.
Comes now Westinghouse Electric Corporation ("Westinghouse"), by and through its attorneys of record, and files these First Amended Objections and Responses to Plaintiffs' Interrogatories Mailed to Defendant on or about April 21, 1993.
WESTINGHOUSE ELECTRIC CORPORATION'S FIRST AMENDED OBJECTIONS AND RESPONSES TO PLAINTIFF'S INTERROGATORIES MAILED TO DEFENDANT ON OR ABOUT APRIL 21. 1993 - Page 1
Respectfully submitted VIAL, HAMILTON, KOCH & KNOX 1717 Main Street Suite 4400 Dallas, Texas 75201-4605 (214) 712-4400
State Bar No. 09460500 ROBERT E. THACKSTON State Bar No. 00785487 B. SCOTT TILLEY State Bar No. 20032700 MCGUIRE, WOODS, BATTLE &
BOOTHE One James Center Richmond, Virginia 23219 (804) 775-1000 ATTORNEYS FOR WESTINGHOUSE ELECTRIC CORPORATION CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing Westinghouse Electric Corporation's First Amended Objections and Responses to Plaintiffs' Interrogatories mailed to Defendant on or about April 21, 1993 have been forwarded to counsel for Plaintiffs via hand delivery, and to all other known counsel of record -via U.S. Mail, regular delivery, on this the 4th day of October, 1993.
J:VLIT\CfH\PLDGS\192761.1
WESTINGHOUSE ELECTRIC CORPORATION'S FIRST AMENDED OBJECTIONS AND RESPONSES TO PLAINTIFF'S INTERROGATORIES MAILED TO DEFENDANT ON OR ABOUT APRIL 21. 1993 - Page 2
Preliminary Statement and General Objections
Westinghouse has a history of cooperation with plaintiffs'
counsel, Baron & Budd, and has produced substantial discovery
consisting of documents, witnesses and answers to interrogatories.
The current interrogatories request verification of the
authenticity of certain documents which presumably were previously
produced by Westinghouse to Plaintiffs along with literally
thousands of other documents. However, many of these documents
were not prepared by Westinghouse and Westinghouse cannot attest to
their authenticity. Specifically, Westinghouse lacks the first
hand knowledge necessary to determine whether each of these
documents is genuine and authentic. Likewise, the origin of many
documents cannot be confirmed as Westinghouse documents because
Plaintiffs have supplied copies which do not carry a readable bates
number.
Furthermore, many of the documents themselves are
illegible. Finally, many documents on their face appear to be
Westinghouse documents but contain other information either typed
or hand written which would not have been found on the original
document. Again, without knowing the source of the document or at
least the source of this extraneous information, Westinghouse
cannot attest to the documents authenticity.
In essence.
Plaintiffs have failed to provide sufficient information for
Westinghouse to provide accurate and meaningful responses.
Westinghouse's responses to these Interrogatories are made
without in any way waiving:
(1) the right to object, on the
grounds of competency, relevancy, materiality, hearsay or any other
proper grounds, to the use of any such information for any purpose,
in whole or in part, in any subsequent stage or proceeding in this
action or any other action; or (2) the right to object on any and
all grounds, at any time, to any other discovery procedure relating
to the subject matter of these Interrogatories.
Without waiving these objections and subject thereto Westinghouse further responds to the Interrogatories as follows:
INTERROGATORIES INTERROGATORY NO. 1: For each document listed below, please answer whether such document is a true and correct duplicate of a genuine and authentic document: ANSWER: See general objection and response to Interrogatories 2 and 3 below. Subject to these objections, these documents appear
WESTINGHOUSE ELECTRIC CORPORATION'S FIRST AMENDED OBJECTIONS AND RESPONSES TO PLAINTIFF'S INTERROGATORIES MAILED TO DEFENDANT ON OR ABOUT APRIL 21. 1993 - Pace 3
to be copies of materials provided by Westinghouse to Plaintiffs in various cases.
INTERROGATORY NO. 2: For each document listed below, please answer whether such document was kept and/or generated in the regular course of a regularly conducted business activity of any Westinghouse Entity by an employee or representative of any Westinghouse Entity with knowledge of the act, event, condition or opinion recorded.
ANSWER: See general objection and response to Interrogatory No. 1. The attached documents appear to have been produced to Plaintiffs' counsel by Westinghouse. However, because hundreds of thousands of pages of documents have been made available to Plaintiffs from a large variety of sources within Westinghouse, Westinghouse is unable to determine whether all the materials were maintained in the regular course of regularly conducted business activity. Therefore, Westinghouse cannot attest that all these documents were "kept and/or generated in the regular course of a regularly conducted business activity of any Westinghouse entity by an employee or representative of any Westinghouse entity with knowledge of the act, event, condition or opinion recorded." The foregoing is also true with respect to any document produced by Westinghouse which was generated by some source outside the corporation. Subject to the foregoing objections and without waiving same see individual responses below.
WESTINGHOUSE ELECTRIC CORPORATION'S FIRST AMENDED OBJECTIONS AND RESPONSES TO PLAINTIFF'S INTERROGATORIES MAILED TO DEFENDANT ON OR ABOUT APRIL 21. 1993 - Page 4
EXHIBIT NO.a) WH-396
ANSWER:
DESCRIPTION
Memorandum dated March 22, 1976 from John F. Adams to R&D Center 501-2Y34, E. S. Bober; re: Asbestos Air Sampling.
Appears to be a document generated by Westinghouse. Also, this document appears to be kept or generated in the regular course of Westinghouse's regularly conducted business activity.
b) WH-397
Memorandum dated April 5, 1976 from T. J. Sweeney to Building 401 Machining Services, W. Jackson, E. Kenyhercz, A. Butcher, C. Watson, J. Catterall.
ANSWER: Appears to be a document generated by Westinghouse.
c) WH-399 ANSWER:
Memorandum dated May 14, 1976 from J. Adams reaardincr BEDFORD INCIDENT, with attachments.
Appears to be a document generated by Westinghouse. Also, this document appears to be kept or generated in the regular course of Westinghouse's regularly conducted business activity.
d) WH-400 ANSWER:
Memorandum dated May 17, 1976 from John F. Adams to R&D Center 501-2Y34, E. S. Bober; re: Asbestos Air Samples.
Appears to be a document generated by Westinghouse. Also, this document appears to be kept or generated in the regular course of Westinghouse's regularly conducted business activity.
e) WH-401 ANSWER:
Memorandum dated July 19, 1976 from J. F. Adams to Derry Plant, IMD, G. Shilling; re: Asbestos Air Samples.
Appears to be a document generated by Westinghouse. Also, this document appears to be kept or generated in the regular course of Westinghouse's regularly conducted business activity.
f) WH-402
Westinghouse Electric Corporation Document titled "Large Rotating Apparatus Division, ID 76-31,
WESTINGHOUSE ELECTRIC CORPORATION'S FIRST AMENDED OBJECTIONS AND RESPONSES TO PLAINTIFF'S INTERROGATORIES MAILED TO DEFENDANT ON OR ABOUT APRIL 21. 1993 - Page 5
-- ANSWER:
Asbestos in LRA Progress Report" by C. R. Ruffing, August 24, 1976.
Appears to be a document generated by Westinghouse. Also, this document appears to be kept or generated in the regular course of Westinghouse's regularly conducted business activity.
g) WH-403
Memorandum dated October 20, 1976 from G. T. Brady to William H. Ziefel, re: Industrial Hygiene - Legal Statement with attachment.
ANSWER:
Appears to be a document generated by Westinghouse. Also, this document appears to be kept or generated in the regular course of Westinghouse's regularly conducted business activity.
h) WH-406
Article titled "The Town Dilemma" by Don Jordan, reorinted from the March 1977 issue of Environment.
ANSWER: Not a Westinghouse generated document.
i) WH-414
Memorandum dated August 25, 1978 from Franklin H. Hawke to Edward F. Hanley, re: Subpoena of Records, Thomas F. Johnson with enclosed: Commonwealth of Pennsylvania, Department of Labor Workers' Compensation claim.
ANSWER:
The memo dated August 25, 1978 appears to be a document generated by Westinghouse and kept or generated in the regular course of Westinghouse's regularly conducted business activity. However, the remainder of the document was not generated by Westinghouse.
j) WH-416
Memorandum dated March 8, 1979 from C. G. Rausch to All PGSD Area and District Managers; re: Bearing Bracket Sealing (Tite Seal)
ANSWER: Appears to be a document generated by Westinghouse.
k) WH-418
Memorandum dated November 28, 1978 from H. D. Ruppel to Research & Development Center, John F. Gormley, re: Comments an Restrictions for Asbestos Uses.
ANSWER: Appears to be a document generated by Westinghouse.
WESTINGHOUSE ELECTRIC CORPORATION'S FIRST AMENDED OBJECTIONS AND RESPONSES TO PLAINTIFF'S INTERROGATORIES MAILED TO DEFENDANT ON OR ABOUT APRIL 21. 1993 - Page 6
Also, this document appears to be kept or generated in the regular course of Westinghouse's regularlyconducted business activity.
1) WH-423
Memorandum dated July 25, 1980 from Paul Palmieri
and Harry B. Burr to Personnel Relations Managers,
Personnel Relations Representatives, Industrial
Hygiene
and
Safety
Coordinators,
Medical
Departments, re: OSHA Access to Employee Exposure
and Medical Records Rule - 1910.20 with attachment.
ANSWER:
Appears to be a document generated by Westinghouse. Also, this document appears to be kept or generated in the regular course of Westinghouse's regularly conducted business activity.
m) WH-424
Westinghouse Electric Corporation letter dated
November 21, 1980 from James E. Ford to Executive
Secretary, Occupational Safety & Health Review
Commission; re: Secretary of Labor v. Westinghouse,
OSHRC Docket No. 806779, with enclosure: Answer to
Comolaint.
Marshall
v.
Westinahouse.
USA
Occupational Safety and Health Review Commission,
November 21, 1980.
ANSWER:
Appears to be a document generated by Westinghouse. Also, this document appears to be kept or generated in the regular course of Westinghouse's regularly conducted business activity.
n) WH-425 ANSWER:
Citation and Notification of Penalty dated September 26, 1980, to M. P. Whittington, Westinghouse Electric Corporation, Lester, PA. and attached Westinghouse Corporation letter dated October 13, 1980 from James E. Ford to Walter E. Wilson, OSHA Area Director.
The letter dated October 13, 1980 appears to be a
Westinghouse generated document and appears to be
kept or generated in the regular course of
Westinghouse's
regularly
conducted
business
activity. However, the remainder of the document
was not generated by Westinghouse.
O) WH-433
Handwritten cover note from L. G. Rudolph to Wayne Bickerstaff transmitting Westinghouse letter dated May 25, 1984 from L. G. Rudolph to J. H. Askins,
WESTINGHOUSE ELECTRIC CORPORATION'S FIRST AMENDED OBJECTIONS AND RESPONSES TO PLAINTIFF'S INTERROGATORIES MAILED TO DEFENDANT ON OR ABOUT APRIL 21. 1993 - Page 7
*~
ANSWER:
Att: Mary Doscci, re: Barbara Boysen v. Westinghouse.
Appears to be a document generated by Westinghouse.
p) WH-440
Document dated April 16, 1985, titled "Library, Industrial Hygiene Department".
ANSWER:
Appears to be a document generated by Westinghouse. Also, this document appears to be kept or generated in the regular course of Westinghouse's regularly conducted business activity.
q) WH-458
Letter dated September 3, 1987 from Michael J. Hodgson to Joel Persky regarding Charles Krieger.
ANSWER: Not a Westinghouse generated document.
r) WH-462
Memorandum dated November 5, Bickerstaff to E. P. Massaro Activities Report.
1987 from C. W. regarding October
ANSWER:
Appears to be a document generated by Westinghouse. Also, this document appears to be kept or generated in the regular course of Westinghouse's regularly conducted business activity.
S) WH-463
Undated report signed by Jeffrey J. Bair and C. W. Bickerstaff.
ANSWER:
Appears to be a document generated by Westinghouse. Also, this document appears to be kept or generated in the regular course of Westinghouse's regularly conducted business activity.
t) WH-464
Memorandum dated November 19, 1987 from Jeffrey J. Bair to Wayne Bickerstaff regarding Review of Documents at Industrial Hygiene.
ANSWER:
Appears to be a document generated by Westinghouse. Also, this document appears to be kept or generated in the regular course of Westinghouse's regularly conducted business activity.
WESTINGHOUSE ELECTRIC CORPORATION'S FIRST AMENDED OBJECTIONS AND RESPONSES TO PLAINTIFF'S INTERROGATORIES MAILED TO DEFENDANT ON OR ABOUT APRIL 21. 1993 - Page 8
u) WH-465ANSWER:
Memorandum dated December 29, 1987 from C. W. Bickerstaff to S. R. Pitts regarding Proposed 1988 Objectives.
Appears to be a document generated by Westinghouse. Also, this document appears to be kept or generated in the regular course of Westinghouse's regularly conducted business activity.
v) WH-466
Report entitled "Proposed 1988 I.X. Objectives," dated January 8, 1988.
ANSWER:
Appears to be a document generated by Westinghouse. Also, this document appears to be kept or generated in the regular course of Westinghouse's regularly conducted business activity.
w) WH-467 ANSWER:
Memorandum dated January 29, 1988 from C. W. Bickerstaff to J. W. Fisch regarding document retention.
Appears to be a document generated by Westinghouse. Also, this document appears to be kept or generated in the regular course of Westinghouse's regularly conducted business activity.
x) WH-478 ANSWER:
Letter dated May 6, 1988 from Craig D. Lowry to Westinghouse Corporation regarding non-formal complaint #5-0055.
Not a Westinghouse generated document.
y) WH-485
Letter dated April 6, 1989 from Richard M. Dayoub to Mr. Smelstoys.
ANSWER: Not a Westinghouse generated document.
z) WH-489
Memorandum dated August 10, 1989 from Mark Perriello to Ron Lawrence regarding asbestos records stored at STC.
ANSWER:
Appears to be a document generated by Westinghouse. Also, this document appears to be kept or generated in the regular course of Westinghouse's regularly conducted business activity.
WESTINGHOUSE ELECTRIC CORPORATION'S FIRST AMENDED OBJECTIONS AND RESPONSES TO PLAINTIFF'S INTERROGATORIES MAILED TO DEFENDANT ON OR ABOUT APRIL 21. 1993 - Page 9
aa) WH-490ANSWER:
Memorandum dated October 12, 1989 from C. Wayne Bickerstaff to industrial hygiene & safety officers, et al regarding EPA Bans Asbestos products.
The memo dated October 12, 19 89 appears to be a
Westinghouse generated document and appears to be
kept or generated in the regular course of
Westinghouse's
regularly
conducted
business
activity. However, the remainder of the document
was not generated by Westinghouse.
bb) WH-491 ANSWER:
Citation dated November 16, 1989 from Peter M. Clark to Lloyd West with attached report.
Not a Westinghouse generated document.
CC) WH-493 ANSWER:
Letter dated October 11, 1991 from Roger E. Wills to the Honorable Edwin G. Salvers recrardina Martin v. Westinahouse Electric Corporation Docket No. 91-1874 with attachment.
Appears to be a document generated by Westinghouse. Also, this document appears to be kept or generated in the regular course of Westinghouse's regularly conducted business activity.
dd) WH-494 ANSWER:
Letter dated December 13, 1991 from Newmyer Associates to Westinghouse Electric Corporation regarding job safety enforcement - report of interest group with attached survey.
Not a Westinghouse generated document.
ee) WH-495 ANSWER:
Facsimile cover sheet from Jerry Brady to Roger Wills regarding enclosed letter dated July 28, 1992 from Cois M. Brown to Westinghouse.
The facsimile cover sheet appears to be a
Westinghouse generated document.
However, the
remainder of the document was not generated by
Westinghouse.
ff) WH-499
Bulletin entitled "Standards of Conduct - II. Health and Safety in the Workplace."
WESTINGHOUSE ELECTRIC CORPORATION'S FIRST AMENDED OBJECTIONS AND RESPONSES TO PLAINTIFF'S INTERROGATORIES MAILED TO DEFENDANT ON OR ABOUT APRIL 21. 1993 - Page 10
ANSWER:
Appears to be a document generated by Westinghouse. Also, this document appears to be kept or generated in the regular course of Westinghouse's regularly conducted business activity.
gg) WH-500 ANSWER:
George D. Clayton & Association, Inc., letter (DRAFT) from George D. Clayton to Paul Tuttle.
Not a Westinghouse generated document.
hh) WH-501 ANSWER:
Safe Practice Data Sheet A-20 entitled "Asbestos" dated 1/2/53.
Appears to be a document generated by Westinghouse. Also, this document appears to be kept or generated in the regular course of Westinghouse's regularly conducted business activity.
ii) WH-504 ANSWER:
Letter dated September 4, 1963 from A. C. Richardson, Marketing Manager, to H. W. Speicher regarding Sprayed "Limpet" Asbestos, with enclosure.
Not a Westinghouse generated document.
jj) WH-507 ANSWER:
Memorandum dated March 6, 1970 from Zella R. Rees to J. Welshones.
Appears to be a document generated by Westinghouse. Also, this document appears to be kept or generated in the regular course of Westinghouse's regularly conducted business activity.
kk) WH-574 ANSWER:
Westinghouse memorandum dated February 7, 1973 from E. J. Hlavaty, to W. G. Craig; re: Use of Asbestos Cloth, Paper and Tape in Soldering Operations.
Appears to be a document generated by Westinghouse. Also, this document appears to be kept or generated in the regular course of Westinghouse's regularly conducted business activity.
WESTINGHOUSE ELECTRIC CORPORATION'S FIRST AMENDED OBJECTIONS AND RESPONSES TO PLAINTIFF'S INTERROGATORIES MAILED TO DEFENDANT ON OR ABOUT APRIL 21. 1993 - Page 11
INTERROGATORY NO. 3: For each document listed below, please
answer whether such document was found in your files in such a
condition as to create no suspicion concerning its authenticity.
ANSWER: See general objections and response to Interrogatory
Nos. 1 and 2 above. Except as noted below, each of these documents
appears in the condition as found in Westinghouse files and in a
condition as to create no suspicion.
EXHIBIT NO.
DESCRIPTION
b) WH-397 ANSWER:
Memorandum dated April 5, 1976 from T. J. Sweeney to Building 401 Machining Services, W. Jackson, E. Kenyhercz, A. Butcher, C. Watson, J. Catterall.
This document contains unidentified extraneous information.
f) WH-402 ANSWER:
Westinghouse Electric Corporation Document titled "Large Rotating Apparatus Division, ID 76-31, Asbestos in LRA Progress Report" by C. R. Ruffing, August 24, 1976.
This document contains unidentified extraneous information. However, except for this extraneous information, this document appears in a condition as to create no suspicion concerning its authenticity.
g) WH-403 ANSWER:
Memorandum dated October 20, 1976 from G. T. Brady to William H. Ziefel, re: Industrial Hygiene - Legal Statement with attachment.
This document contains unidentified extraneous
information. Furthermore, it is unknown whether
this document is complete or whether additional
portions should be attached hereto.
However,
except for this extraneous information, the document
as provided appears in a condition as to create no
suspicion concerning its authenticity.
h) WH-406
Article titled "The Town Dilemma" by Don Jordan, reprinted from the March 1977 issue of Environment.
WESTINGHOUSE ELECTRIC CORPORATION'S FIRST AMENDED OBJECTIONS AND RESPONSES TO PLAINTIFF'S INTERROGATORIES MAILED TO DEFENDANT ON OR ABOUT APRIL 21. 1993 - Page 12
ANSWER,:
Not only was this document not generated by
Westinghouse but also it is illegible and
incomprehensible. Accordingly, Westinghouse can
provide
little
information
regarding
its
authenticity.
i) WH-414 ANSWER:
Memorandum dated August 25, 1978 from Franklin H.
Hawke to Edward F. Hanley, re: Subpoena of Records,
Thomas F. Johnson with enclosed: Commonwealth of
Pennsylvania,
Department of Labor Workers'
Compensation claim.
The memo dated August 25, 1978 contains unidentified
extraneous information. Furthermore, the remaining
documents are illegible and it is unknown whether
these
remaining
documents
regarding
this
unsubstantiated claim are a complete set of those
documents filed. Finally, this document was not
generated by Westinghouse and therefore Westinghouse
can provide little information regarding its
authenticity.
j) WH-416 ANSWER:
Memorandum dated March 8, 1979 from C. G. Rausch to All PGSD Area and District Managers; re: Bearing Bracket Sealing (Tite Seal).
This document contains unidentified extraneous information.
k) WH-418 ANSWER:
Memorandum dated November 28, 1978 from H. D. Ruppel to Research & Development Center, John F. Gormley, re: Comments on Restrictions for Asbestos Uses.
This document contains unidentified extraneous information. However, except for this extraneous information, this document appears in a condition as to create no suspicion concerning its authenticity.
n) WH-425 ANSWER:
Citation and Notification of Penalty dated September 26, 1980, to M. P. Whittington, Westinghouse Electric Corporation, Lester, PA. and attached Westinghouse Corporation letter dated October 13, 1980 from James E. Ford to Walter E. Wilson, OSHA Area Director.
Because this citation and unsubstantiated claim is not a Westinghouse generated document, Westinghouse
WESTINGHOUSE ELECTRIC CORPORATION'S FIRST AMENDED OBJECTIONS AND RESPONSES TO PLAINTIFF'S INTERROGATORIES MAILED TO DEFENDANT ON OR ABOUT APRIL 21. 1993 - Page 13
is unsure as to whether this document has been
provided in its entirety. Furthermore, as a non-
Westinghouse generated document Westinghouse can
provide
little
information
regarding
its
authenticity. However, the citation as provided
appears in a condition as to create no suspicion
concerning its authenticity.
Furthermore, the
letter dated October 13, 1980 appears to be a copy
of a Westinghouse generated document and appears in
a condition as to create no suspicion concerning its
authenticity.
o) WH-433 ANSWER:
Handwritten cover note from L. G. Rudolph to Wayne Bickerstaff transmitting Westinghouse letter dated May 25, 1984 from L. G. Rudolph to J. H. Askins, Att: Mary Doscci, re: Barbara Boysen v. Westinghouse.
This document contains unidentified extraneous information.
q) WH-458 ANSWER:
Letter dated September 3, 1987 from Michael J. Hodgson to Joel Persky regarding Charles Krieger.
Not only does this document contain unidentified
extraneous information, but also the document was
not prepared by Westinghouse and Westinghouse can
provide
little
information
regarding
its
authenticity. However, except for this extraneous
information, the document as provided appears in a
condition as to create no suspicion concerning its
authenticity.
S) WH-463 ANSWER:
Undated report signed by Jeffrey J. Bair and C. W. Bickerstaff.
This document contains unidentified extraneous information. However, except for this extraneous information, the document appears in a condition as to create no suspicion concerning its authenticity.
x) WH-478 ANSWER:
Letter dated May 6, 1988 from Craig D. Lowry to Westinghouse Corporation regarding non-formal complaint #5-0055.
Not only does this document contain unidentified extraneous information, but also this document was
WESTINGHOUSE ELECTRIC CORPORATION'S FIRST AMENDED OBJECTIONS AND RESPONSES TO PLAINTIFF'S INTERROGATORIES MAILED TO DEFENDANT ON OR ABOUT APRIL 21. 1993 - Page 14
not prepared by Westinghouse and Westinghouse can
provide
little
information
regarding
its
authenticity.
Furthermore, Westinghouse is
uncertain as to whether the document and the
attachments thereto is complete or whether there is
any basis for this unsubstantiated claim. However,
the document as provided, except for the extraneous
information, appears in a condition as to create no
suspicion concerning its authenticity.
y) WH-485 ANSWER:
Letter dated April 6, 1989 from Richard M. Dayoub to Mr. Smelstoys.
Not only does this document contain unidentified
extraneous information, but also this document was
not prepared by Westinghouse and Westinghouse can
provide
little
information
regarding
its
authenticity.
Furthermore, Westinghouse has no
information to verify the basis of this
unsubstantiated claim or whether this document is
complete.
However, except for this extraneous
information, the document as provided appears in a
condition as to create no suspicion concerning its
authenticity.
aa) WH-490 ANSWER:
V
bb) WH-491 ANSWER:
Memorandum dated October 12, 1989 from C. Wayne Bickerstaff to industrial hygiene & safety officers, et al regarding EPA Bans Asbestos Products.
Because the information from the EPA is not a Westinghouse document, Westinghouse can provide little information regarding its authenticity. However, except for this extraneous information, the document appears in a condition as to create no suspicion concerning its authenticity. Furthermore, the memo dated October 12, 1989 appears to be a Westinghouse document and appears in a condition as to create no suspicion concerning its authenticity.
Citation dated November 16, 1989 from Peter M. Clark to Lloyd West with attached report.
Because this unsubstantiated claim is not a
Westinghouse generated document, Westinghouse is
uncertain as to whether this document is complete or
if additional attachments exist. Furthermore, since
Westinghouse did not generate this document it can
provide
little
information
regarding
its
WESTINGHOUSE ELECTRIC CORPORATION'S FIRST AMENDED OBJECTIONS AND RESPONSES TO PLAINTIFF'S INTERROGATORIES MAILED TO DEFENDANT ON OR ABOUT APRIL 21. 1993 - Page 15
authenticity. However, the document as provided appears in a condition as to create no suspicion concerning its authenticity.
dd) WH-494 ANSWER:
Letter dated December 13, 1991 from Newmyer Associates to Westinghouse Electric Corporation regarding job safety enforcement - report of interest group with attached survey.
Not only does this document contain unidentified
extraneous information, but also this document was
not prepared by Westinghouse and Westinghouse can
provide
little
information
regarding
its
authenticity. However, except for this extraneous
information, the document as provided appears in a
condition as to create no suspicion concerning its
authenticity.
ee) WH-495 ANSWER:
Facsimile cover sheet from Jerry Brady to Roger Wills regarding enclosed letter dated July 28, 1992 from Cois M. Brown to Westinghouse.
Not only does this document contain extraneous information, but also the letter dated July 28, 1992 was not prepared by Westinghouse and Westinghouse can provide little information regarding its authenticity. However, except for this extraneous information, the remainder of the document appears in a condition as to create no suspicion concerning its authenticity.
ff) WH-499 ANSWER:
Bulletin entitled "Standards of Conduct - II. Health and Safety in the Workplace."
This document contains unidentified extraneous information. However, except for this extraneous information, this document appears in a condition as to create no suspicion concerning its authenticity.
gg) WH-500 ANSWER:
George D. Clayton & Associates, Inc., letter (DRAFT) from George D. Clayton to Paul Tuttle.
Not only does this document contain unidentified
extraneous information, but also this document was
not prepared by Westinghouse and Westinghouse can
provide
little
information
regarding
its
authenticity.
WESTINGHOUSE ELECTRIC CORPORATION'S FIRST AMENDED OBJECTIONS AND RESPONSES TO PLAINTIFF'S INTERROGATORIES MAILED TO DEFENDANT ON OR ABOUT APRIL 21. 1993 - Page 16
ii) WH-504 ANSWER:
Letter dated September 4, 1963 from A. C. Richardson, Marketing Manager, to H. W. Speicher regarding Sprayed "Limpet" Asbestos, with enclosure.
Not only does this document contain unidentified extraneous information, but also this document was not prepared by Westinghouse and Westinghouse and Westinghouse can provide little information regarding its authenticity. However, except for this extraneous information, the document appears in a condition as to create no suspicion concerning its authenticity.
kk) WH-574 ANSWER:
Westinghouse memorandum dated February 7, 1973 from E. J. Hlavaty, to W. G. Craig; re: Use of Asbestos Cloth, Paper and Tape in Soldering Operations.
This document contains unidentified extraneous information. However, except for this extraneous information, the document appears in a condition as to create no suspicion concerning its authenticity.
INTERROGATORY NO. 4: Has Westinghouse stipulated or agreed to the authenticity of any of the documents referenced in Interrogatory No. 1 with any person prior to the date of these Interrogatories?
ANSWER: Westinghouse is not aware of any stipulation to the authenticity of any of the documents referred to in Interrogatory No. 1 except to the extent Westinghouse may have stated that the documents were provided by Westinghouse via document production in various^ cases.
WESTINGHOUSE ELECTRIC CORPORATION'S FIRST AMENDED OBJECTIONS AND RESPONSES TO PLAINTIFF'S INTERROGATORIES MAILED TO DEFENDANT ON OR ABOUT APRIL 21. 1993 - Page 17