Document 44rr0v85pRoy2GZZvgJmNRZVe

vf 1 PETER B. LOGAN (State Bar No. 083652) WRIGHT, ROBINSON, OSTHIMER & TATUM 2 44 Montgomery Street, 18th Floor San Francisco, California 94104-4705 3 Telephone: (415)391-7111 Telefax: (415)391-8766 4 5 Attorneys for Defendant CRANE CO. 6 7 8 9 CALIFORNIA SUPERIOR COURT ^ 10 CITY AND COUNTY OF SAN FRANCISCO 11 12 JN gj* ^ No. 828684 13 COMPLEX ASBESTOS LITIGATION 14 15 ) CO^RESPONSES ( TO PLAINTIFFS' j STANDARD INTERROGATORIES 16 PROPOUNDING PARTIES: Plaintiffs 17 RESPONDING PARTY: Defendant CRANE CO. 18 SET NUMBER: General Order No. 129 Interrogatories (Exhibit I) 19 Pursuant to General Order No. 129, defendant Crane Co. responds to the Plaintiffs' 20 Standard Interrogatories as follows: 21 22 GENERAL OBJECTIONS 23 A. Crane Co. objects to any Standard Interrogatory that purports to impose upon 24 Crane Co. any obligations not expressly set forth in the California Code of Civil Procedure and 25 San Francisco Superior Court General Order No. 129. 26 B. Crane Co. objects to Plaintiffs' Standard Interrogatories to the extent that they 27 request information and/or documents that are protected by any privilege or protection, including 28 1- - 1 but not limited to the attorney-client privilege, the joint-defense privilege and the work product 2 doctrine. Crane Co. and its counsel hereby assert all applicable privileges and protections with 3 respect to such information and/or documents. ' 4 C. Crane Co. objects to Plaintiffs' Standard Interrogatories, because they have been 5 propounded indiscriminately upon eveiy defendant without any attempt to tailor them to any 6 individual defendant. As such, said Interrogatories are vague, ambiguous, overbroad and unduly 7 burdensome. S D. Crane Co. objects to Plaintiffs' Standard Interrogatories, because they seek 9 information that is irrelevant and/or immaterial and which is not reasonably calculated to lead to 10 the discovery of admissible evidence in this action. 11 E. Crane Co. objects to Plaintiffs' Standard Interrogatories, because plaintiffs have 12 failed to identify any Crane Co. products to which plaintiffs were exposed. Without any 13 identification by plaintiffs of specific products, Crane Co. cannot adequately determine which 14 Interrogatories are proper and relevant to these actions. 15 F. Crane Co. objects to Plaintiffs' Standard Interrogatories, because plaintiffs have 16 failed to identify any work locations or job sites where plaintiffs allege exposure to any Crane Co. 17 products. Without any identification by plaintiffs of specific work locations or job sites at which 18 Crane Co. products were utilized. Crane Co. cannot adequately determine which Interrogatories 19 are proper and relevant to these actions. 20 G. Crane Co. objects to Plaintiffs' Standard Interrogatories, because they are overly 21 broad and irrelevant. The information sought is not adequately limited temporally or 22 geographically, nor is it confined to plaintiffs' alleged exposure(s) to Crane Co. products. 23 Accordingly, Plaintiffs' Standard Interrogatories are unduly burdensome and not reasonably 24 calculated to lead to the discovery of admissible evidence. 25 H. Crane Co. objects to each Standard Interrogatory to the extent that the form of 26 such interrogatory is compound, misleading, broad, vague, ambiguous or uncertain to the extent 27 that Crane Co. cannot determine the precise nature of the information sought. Crane Co. cannot 28 2- - 1 respond to such interrogatories without creating an unreasonable risk of inadvertently providing a 2 misleading, contusing, inaccurate or incomplete response. 3 I. , Crane Co. objects to responding to these Standard Interrogatories on the ground 4 that many of the interrogatories are redundant or overlapping as to subject matter. The repeated 5 interrogatories serve no useful purpose and will cause Crane Co. unnecessary burden and expense. 6 J. Crane Co. objects to these Standard Interrogatories insofar as they seek production 7 of any information constituting a trade secret, confidential financial data or other confidential 8 research, development or commercial information. 9 K. Crane Co. objects to the definitions provided in Plaintiffs' Standard Interrogatories 10 to the extent that such definitions are inconsistent with the commonly understood meanings of the 11 terms defined. 12 L. Crane Co. does not concede that any of its answers to Plaintiffs' Standard 13 Interrogatories are or will be admissible evidence at a trial of this action. Crane Co. does not 14 waive any objection, on any ground, whether or not asserted herein, to the use of any such answer 15 at trial. ' 16 M. Crane Co. objects to Plaintiffs' Standard Interrogatories to the extent they seek 17 medical records or other privileged and confidential personnel information. Crane Co. will not 18 provide such information absent an appropriate waiver of the applicable privilege by the 19 appropriate individual(s). 20 N. Crane Co. believes that these responses are accurate as of the date made. 21 However, many of the matters inquired about in these discovery requests took place decades ago. 22 Due to the passage of time, information may be incomplete or no longer available. Nevertheless, 23 Crane Co. has endeavored to investigate all relevant facts and circumstances. The following 24 answers are based upon its investigation. However, Crane Co. cannot exclude the possibility that 25 its continued investigation may reveal more complete information. Crane Co. specifically reserves 26 the right to supplement these answers in the event that it acquires additional information that is 27 responsive to these requests. Further, Crane Co.'s investigation is continuing. These responses 28 3- - 1 are based on the most current information. 2 0. The foregoing General Objections are hereby explicitly incorporated into each and all 3 of the responses hereinafter provided. 4 5 RESPONSES TO INTERROGATORIES 6 7 1. IDENTIFY the person verifying these answers on YOUR behalf. 8 RESPONSE: These Responses are verified by Augustus I. duPont, Vice President, General 9 Counsel and Secretary of Crane Co. from 1996 to present. His business address is 100 Stamford 10 Place, Stamford, Connecticut 06902. 11 12 2. State the date of first employment with YOU, and the dates and titles of each job 13 position the person verifying these interrogatories has held while employed by YOU. 14 RESPONSE: See Crane Co.'s Response to Interrogatory No. 1. 15 16 3. State whether or not YOU are a corporation, and if so, state: 17 A. YOUR correct corporate name; 18 B. YOUR state of incorporation; 19 C. The date of YOUR incorporation; 20 D. The address of YOUR principal place of business; 21 E. Whether or not YOU have ever held a certificate of authority to do business 22 in the State of California, and if so, the inclusive dates of any certificate; 23 F. If YOU are wholly owned or the majority interest of YOUR company is 24 owned by another business entity, state the entity's name and principal place of business; 25 G. Whether YOU have any business offices in California, and, if so, YOUR 26 principal place of business in California. 27 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. is a 28 4- - r, 1 corporation and was originally incorporated in Illinois in or about 1865. In 1985, Crane Co. was 2 reincorporated in Delaware. Crane Co.'s principal place of business is at 100 Stamford Place, 3 Stamford, Connecticut 06902, Crane Co. has held a certificate to do business in California since 4 at least 1985. Crane Co. currently has a facility in Long Beach, California. 5 6 4. Have YOU ever been identified, known, or done business under any other name in 7 the State of California? 8 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. 9 objects to Interrogatory No. 4 because the terms "identified, known or done business under" are 10 undefined, vague and ambiguous. Crane Co. further objects to Interrogatory No. 4 insofar as it 11 seeks information dating back over sixty-five years for which it is impractical, if not impossible, to 12 locate knowledgeable employees or review pertinent documents. Crane Co. further objects to 13 Interrogatory No. 4 because it has no control over how it may have been identified or known by 14 others during the defined time period. Subject to and without waiving the foregoing objections, 15 Crane Co. to its knowledge has consistently conducted business under the name Crane and/or 16 Crane Co. or through one of its various divisions during the defined time period. 17 18 5. If your answer to Interrogatory No. 4 is in the affirmative, please state such name 19 or names and the time period during which THIS DEFENDANT was so known or identified. 20 RESPONSE: Not applicable. 21 22 6. If YOU are not a corporation, what is YOUR business structure (partnership, joint 23 venture, sole proprietorship, etc.). 24 RESPONSE: Not applicable. 25 26 7. If YOU are not a corporation, please IDENTIFY all persons or other entities with 27 an ownership interest in YOU. 28 5- - 1 RESPONSE: Not applicable. 2 3 8. If you are not a corporation, please state the following: 4 A. The address where the HISTORICAL RECORDS of THIS DEFENDANT 5 are currently located; and 6 B. The name, job title and current address of the Custodian for THIS 7 DEFENDANT'S HISTORICAL RECORDS. 8 As use herein, `HISTORICAL RECORDS" shall include all DOCUMENTS relating to 9 the formation of THIS DEFENDANT, all minutes of partners', general partners', or other ' 10 owners' meetings, and all DOCUMENTS relating to THIS DEFENDANT'S merger with, 11 acquisition of or purchase, or sale of or by any other COMPANY. 12 RESPONSE: Not applicable. 13 14 9. IDENTIFY YOUR custodian of Business Records. 15 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. 16 objects to Interrogatory No. 9 because the term "custodian of Business Records" is undefined, 17 vague and ambiguous. Subject to and without waiving the foregoing objections and to the extent 18 Crane Co. understands the terms "custodian of Business Records", there is no custodian of 19 company records for the defined time period. , 20 21 10. IDENTIFY the person or persons most knowledge about: 22 A. YOUR acquisition of RAW ASBESTOS and/or ASBESTOS 23 CONTAINING PRODUCTS; 24 B. YOUR use of RAW ASBESTOS and/or ASBESTOS CONTAINING 25 PRODUCTS; 26 C. YOUR contracting with others to do work involving use or handling of 27 RAW ASBESTOS or ASBESTOS CONTAINING PRODUCTS. 28 6- - 1 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. 2 objects to Interrogatory No. 10 because it is unduly burdensome, oppressive and overly broad 3 insofar as it seeks information dating back over sixty-five years for which it is impractical, if not 4 impossible, to locate knowledgeable employees or review pertinent documents. Subject to and 5 without waiving the foregoing objections, Crane Co. to its knowledge neither acquired nor used 6 raw asbestos. Crane Co. is not aware of any individual who was primarily responsible for the 7 acquisition of or use of products that may have contained asbestos. By way of further answer, to 8 Crane Co.'s knowledge, William N. McLean, a Crane Co. engineer from approximately 1955 to 9 1986 when he retired from Crane Co., is the person most knowledgeable regarding Crane Co.'s 10 acquisition and use of asbestos-containing products. Mr. McLean may be contacted through 11 Crane Co.'s counsel. Crane Co.'s investigation in regard to its possible use or acquisition of 12 asbestos-containing products is continuing. 13 14 11. For DEFENDANTS involved in the MARKETING of ASBESTOS15 CONTAINING PRODUCTS, state the IDENTITY of physicians, medical directors and/or 16 industrial hygienists employed by YOU during the time frame or prior to the time YOU 17 discontinued the marketing of such products. All other DEFENDANTS need only respond as to 18 medical directors and/or industrial hygienists or physicians employed in the area of employee 19 health and safety. PREMISES owners and domestic corporations need only respond as to the 20 United States. 21 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. to its 22 knowledge did not employ a corporate-wide physician, medical director or industrial hygienist 23 during the defined time period. 24 25 12. Has any employee of THIS DEFENDANT testified by deposition or at trial on 26 behalf of THIS DEFENDANT in a third-party case, in which THIS DEFENDANT was a party, 27 wherein the plaintiff has alleged an asbestos-related injury? If so, for each such third-party case 28 7- - 1 (except that Premises Defendants and Contractor Defendants need answer only with respect to 2 cases relating to sites within the GEOGRAPHIC AREA) please state: 3 ' A. The caption and case number; 4 B. The court filing including state and county; 5 C. The date of deposition or trial testimony; 6 D. The name and address of plaintiffs counsel of record; 7 E. The name and address of the court reporter. 8 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. 9 responds that William N. McLean, a former Crane Co. employee, has been deposed two tirfies on 10 behalf of Crane Co. in asbestos litigation: Norman v, A-C Product Liability Trust, et al- No. 94 11 421061 NP (Wayne County, Mich.) and In re: Burleigh and Cass Counties. Set No. 4 (Burleigh 12 County, ND). In Norman, the deposition was conducted in December, 1995 and the court 13 reporter was Diane Hromek's Court Reporters, Inc., 732 Berkshire Court, Downers Grove, 14 Illinois 60516. In In re: Burleigh Countv. the deposition was conducted in February, 1995 and 15 the court reporter was Norman E. Mark-Court Reporter Service, 312 Black Building, 118 16 Broadway in Fargo, North Dakota. 17 18 13. For each of the following, please state whether, at any time within the time frame 19 or until such time as any defendant which had been engaged in MARKETING RAW ASBESTOS 20 or ASBESTOS-CONTAINING PRODUCTS discontinued the MARKETING of such products. 21 THIS DEFENDANT was a member or paid dues for any representative of THIS DEFENDANT 22 (excluding faculty members of educational institutions) to be a member of the following: 23 A. American Conference of Governmental Industrial Hygienists; 24 B. American Industrial Hygiene Association; 25 C. American Petroleum Institute; 26 D. American Railroad Association; 27 E. Asbestos Cement Producers Association; 28 8- - m 1 F. Asbestos Information Association (AIA)(please answer through date of 2 your answers); 3 G. Asbestos Information Association/North America (AIA/NA)(please answer 4 through date ofyour answers); 5 H. Asbestos Textile Institute (ATI); 6 I. Industrial Hygiene Foundation and/or Industrial Health Foundation (IHF); 7 J. Industrial Mineral Insulation Manufacturers Institute; 8 K. Magnesia Insulation Manufacturers' Association; 9 L. Magnesia Silica Insulation Manufacturers Association; 10 M. Mineral Wool Institute; 11 N. National Insulation Manufacturers Association (NIMA); 12 O. National Safety Counsel; 13 P. New York Academy of Sciences; 14 Q. Quebec Asbestos Mining Association (QAMA); 15 R. Refractories Institute; 16 S. Safe Building Alliance (please answer through date of your answers); 17 T. Thermal Insulation Manufacturers Association (TIMA); 18 U. U.S. Maritime Commission; 19 V. IDENTIFY any other organizations, associations or groups of 20 manufacturers, miners, distributors, importers, labelers, supplies, and/or sellers of ASBESTOS21 CONTAINING PRODUCTS of which THIS DEFENDANT was a member. 22 W. IDENTIFY any such representative of THIS DEFENDANT. 23 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. 24 objects to Interrogatory No. 13, because it is overly broad, oppressive and unduly burdensome 25 insofar as (i) it seeks information dating back to a period of time at which it is impractical, if not 26 impossible, to locate knowledgeable employees or review pertinent documents, (ii) it seeks 27 information relating to individual organizations that have no relation to Crane Co.'s business 28 9- - 1 activities, and (iii) it seeks information on any other "organizations, associations or groups" 2 irrespective of whether they are in any way related to these actions. Finally, Crane Co. objects to 3 Interrogatory No. 13 to the extent it requires Crane Co. to speculate as to whether other members 4 of an organization manufactured or sold asbestos-containing products and accordingly. Crane Co. 5 has only investigated its participation in the above organizations. Subject to and without waiving 6 the foregoing objections, Crane Co. is without present knowledge of its membership in any 7 organization identified in Interrogatory No. 13, other than the following: the National Safety 8 Council, of which Crane Co. until recently was a member, and the Valve Manufacturers 9 Association of which Crane Co. is currently a member. In addition. Crane Co. did have a former 10 employee who was a member of the American Petroleum Institute. 11 12 14. For each organization, association or other entity identified in YOUR Response to 13 Interrogatory No. 13, please state: 14 A. The dates during which THIS DEFENDANT was a member; 15 B. The name(s) of any publication(s) received by THIS DEFENDANT from 16 such association or organization; 17 C. The name of any committee or subcommittee of which THIS 18 DEFENDANT was a member, and the dates of such committee or subcommittee membership. 19 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. 20 objects to Interrogatory No. 14 because it is overly broad, oppressive and unduly burdensome 21 insofar as it seeks information dating back to a period of time at which it is impractical, if not 22 impossible, to locate knowledgeable employees or review pertinent documents. Subject to and 23 without waiving the foregoing objections. Crane Co. responds to the best of its knowledge as 24 follows: National Safety Council (approximately 1975 to 1996); and Valve Manufacturers 25 Association (approximately 1938 to present). In addition, Mr. William N. McLean belonged to 26 the American Petroleum Institute's Refinery Subcommittee on Piping from approximately 1967 to 27 1995. 28 -10- 1 A. Either (1) attach all DOCUMENTS evidencing the information sought in 2 this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks 3 containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they 4 may be made the subject of a request for production of documents. 5 B. State the date upon which THIS DEFENDANT first received such 6 DOCUMENTS. 7 C. State the IDENTITY of the custodian of such DOCUMENTS. 8 D. This interrogatory does not apply to DOCUMENTS contained in a library 9 maintained by a DEFENDANT hospital or a DEFENDANT'S library providing access to the 10 general public. 11 RESPONSE: Subject to and without waiving any of the foregoing General Objections, 12 Crane Co. objects to Interrogatory No. 16 because it is unduly burdensome and oppressive insofar 13 as it asks Crane Co. to investigate whether over twenty-five years ago someone employed by it 14 received and then reviewed a study and/or test results, the origins of which are not defined by 15 plaintiffs. Subject to and without waiving the foregoing objections, Crane Co. to its knowledge 16 did not receive said studies and/or tests and is not otherwise aware of any documents responsive 17 to this Interrogatory. 18 19 17. Had THIS DEFENDANT prior to 1973 received any DOCUMENTS containing 20 results or conclusions of any studies and/or tests conducted by any laboratory, including but not 21 limited to, the Saranac Laboratory relating to asbestos exposure in the workplace or the human 22 health consequences of exposure to asbestos? If so: 23 A. Either (1) attach all DOCUMENTS evidencing the information sought in this 24 Interrogatory and its subparts to your answers to these Interrogatories, or 25 (2) attach disks containing such data, or (3) describe such DOCUMENTS with 26 sufficient particularity that they may be made the subject of a request for 27 production of documents. 28 -12- 1 B. State the date upon which THIS DEFENDANT first received such 2 DOCUMENTS. 3 C. State the IDENTITY of the custodian of such DOCUMENTS. 4 D. This interrogatory does not apply to DOCUMENTS contained in a library 5 maintained by a DEFENDANT hospital or a DEFENDANT'S library providing access to the 6 general public. 7 RESPONSE: Subject to and without waiving any of the foregoing General Objections, 8 Crane Co. objects to Interrogatory No. 17 because it is unduly burdensome and oppressive insofar 9 as it asks Crane Co. to investigate whether over twenty-five years ago someone employed by it 10 received and then reviewed a study and/or test results, the origins of which are not defined by 11 plaintiffs. Subject to and without waiving the foregoing objections, Crane Co. to its knowledge 12 did not receive said studies and/or tests and is not otherwise aware of any documents responsive 13 to this Interrogatory. 14 15 18. Had THIS DEFENDANT (except for a defendant that is an educational institution) 16 prior to 1973 ever maintained a library (or libraries) which contained books, articles, periodicals, 17 journals, and/or reference materials that related to the subjects of asbestos, industrial hygiene, 18 medicine, safety and/or occupational disease. If so, state: 19 A. The date each such library was established; 20 B. The location of each such library; 21 C. The IDENTIFY of each librarian or other person in charge of such library. 22 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. 23 objects to Interrogatory No. 18 because it is overly broad, oppressive and unduly burdensome 24 insofar as it seeks information dating back to a period of time at which it is impractical, if not 25 impossible, to locate knowledgeable employees or review pertinent documents. Subject to and 26 without waiving the foregoing objections. Crane Co. is not aware of the existence of any such 27 library, 28 -13- 1 D. Whether any DOCUMENTS were presented to the entity before which 2 testimony was given; 3 E. Whether copies of DOCUMENTS presented were retained by THIS 4 DEFENDANT and, if so, state the IDENTITY of the custodian of such DOCUMENTS. 5 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. 6 objects to Interrogatory No. 20 because it is overly broad, oppressive and unduly burdensome 7 insofar as it seeks information dating back to a period of time at which it is impractical, if not 8 impossible, to locate knowledgeable employees or review pertinent documents. Subject to and 9 without waiving the foregoing objections. Crane Co. is not aware of any such testimony. 10 11 21. Has THIS DEFENDANT (except for a defendant that is an educational institution) 12 conducted, or caused to be conducted, tests, and/or studies of ambient asbestos dust created 13 during the manufacture, processing and/or assembling for sale of ASBESTOS-CONTAINING 14 PRODUCTS? If so, state: - 15 A. Each manufacturing facility, including location and address, at which any 16 such test and/or study was conducted; 17 B. The date of each such test and/or study; 18 C. The individual(s) or entity conducting each such test and/or study; 19 D. Whether THIS DEFENDANT has any DOCUMENTS containing the 20 results and/or conclusions of each such study; 21 E. The IDENTITY of the custodian of such DOCUMENTS. 22 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. 23 objects to Interrogatory No. 21 because it is overly broad, oppressive and unduly burdensome 24 insofar as it seeks information dating back to a period of time at which it is impractical, if not 25 impossible, to locate knowledgeable employees or review pertinent documents. Subject to and 26 without waiving the foregoing objections. Crane Co. to its knowledge does not believe it 27 conducted any tests or studies of ambient asbestos dust levels during the defined time period. 28 -15- 1 D, Whether THIS DEFENDANT has any DOCUMENTS containing the 2 results and/or conclusions of each such test and/or study; 3 E. The IDENTITY of the custodian of such DOCUMENTS. 4 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. 5 objects to Interrogatory No. 23 because it is overly broad, oppressive and unduly burdensome 6 insofar as it seeks information dating back to a period of time at which it is impractical, if not 7 impossible, to locate knowledgeable employees or review pertinent documents. Subject to and 8 without waiving the foregoing objections. Crane Co. does not believe it had any such laboratory. 9 10 24. Has THIS DEFENDANT made available to its employees a medical examination 11 program to determine the absence of asbestos-related disease? If so, state: 12 A. Whether chest x-rays or pulmonary function tests were part of such 13 program(s); 14 B. Whether participation in any such program was a mandatory condition of 15 employment or was voluntary; 16 C. Whether THIS DEFENDANT has DOCUMENTS of such program(s); 17 D. The IDENTITY of the custodian of such DOCUMENTS. 18 RESPONSE: Subject to and without waiving the foregoing General Objections, to its 19 knowledge. Crane Co. did not have a need for or have such a medical examination to test its 20 employees for the absence of asbestos-related disease, because employees of Crane Co. would not 21 have been exposed to respirable_or friable asbestos or, if there was any exposure, it would have 22 been deminimus and within all applicable regulations. 23 24 25. Prior to 1973, did any person file a Workers' Compensation claim for asbestos25 related injury against THIS DEFENDANT or against any Workers' Compensation insurance 26 carrier which provided coverage for THIS DEFENDANT? If so, state the total number of such 27 claims and, for the first 20 such claims state: 28 -17- 1 A. The date of such claim; 2 B. The name of the claimant; 3 C. The case number; 4 D. The court in which the claim was filed: 5 E. The IDENTITY of THIS DEFENDANT'S custodian of DOCUMENTS 6 evidencing such claims. 7 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. 8 objects to Interrogatory No. 25 because it is oppressive and unduly burdensome insofar as it asks 9 Crane Co. to investigate claims that may have arisen over twenty-five years ago. Crane Co. 10 further objects to Interrogatory No. 25 because it is not reasonably calculated to lead to the 11 discovery of admissible evidence. Therefore, plaintiffs' exposures, if any, would have differed in 12 quality, type, duration and degree from the exposures relevant to Interrogatory No. 25. Subject to 13 and without waiving the foregoing objections, Crane Co. is not aware of any workers' 14 compensation claims alleging asbestos-related injury during the defined time period. 15 16 26. Does THIS DEFENDANT have insurance available to cover judgment(s) entered 17 against it in asbestos-related personal injury lawsuits? If so, state: 18 A. The name and principal place of business of any insurance carrier who has 19 issued such policy of insurance; 20 B. The number and effective date of each policy; 21 C. The amount(s) of coverage of each policy; 22 D. The applicable dates of coverage. 23 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. 24 objects to Interrogatory No. 26 because it is irrelevant and not reasonably calculated to lead to the 25 discovery of admissible evidence. In particular, the nature and extent of the insurance carriers' 26 duty to defend and indemnify Crane Co. for plaintiffs' asbestos-related claims is not relevant to 27 whether Crane Co. in the first instance possesses asbestos-related liability for plaintiffs' claims. 28 -18- 1 Crane Co. further objects to this Interrogatory based upon the attorney work product and joint 2 defense doctrines. 3 4 27. State whether YOU have controlled, purchased, or in any way acquired any 5 controlling interest in any corporation or business entity which has mined, manufactured, 6 produced, processed, compounded, sold, supplied, distributed and/or otherwise placed RAW 7 ASBESTOS or ASBESTOS-CONTAINING PRODUCTS in the stream of commerce. If so, 8 state: 9 A. The name and address of said corporation or business entity: 10 B. The dates YOU controlled, purchased or acquired any interest; and 11 C. The nature of the business as it pertains to asbestos. 12 RESPONSE: Subject to and without waiving the foregoing General Objections, see Crane Co.'s 13 Response to Interrogatory No. 30. 14 15 28. State whether THIS DEFENDANT, between 1930 and 1985, has ever engaged in 16 the following activities with regard to RAW ASBESTOS, and if so, state the inclusive dates of 17 such activity: 18 A. Mining; 19 B. Milling; 20 C. Supply; 21 D. Importing; 22 E. Processing; 23 F. Distribution; 24 G. Marketing; 25 H. Sale; 26 I. Brokering. 27 28 -19- 1 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. to its 2 knowledge never engaged in any activity with respect to raw asbestos. 3 4 29. If YOUR answer to any of subparts of Interrogatory 28 regarding RAW 5 ASBESTOS is in the affirmative, state: 6 A. The trade, brand name, and/or generic name of such RAW ASBESTOS 7 milled or MARKETED in any form of quantity between 1930 and 1985; 8 B. The date(s) such RAW ASBESTOS was first placed on the market, 9 including the date(s) such RAW ASBESTOS was first marketed; 10 1. On an experimental basis; 11 2. On a test basis; 12 3. For sale. 13 C. The date(s) such RAW ASBESTOS: 14 1. Ceased to be produced;~or 15 2. Was recalled from the market, if ever. 16 D. A description of the chemical composition of such RAW ASBESTOS, 17 including the type and/or grade of asbestos; 18 . E. A description of the physical appearance and nature of such RAW 19 ASBESTOS, including any color coding, distinctive marking and/or logo on the packaging or 20 container; 21 F. A detailed description of the intended use of such RAW ASBESTOS, 22 including any temperature limits for each such use; 23 G. Whether such RAW ASBESTOS was on the U.S. Government's "Qualified 24 Products List," and if so, the inclusive dates it was on such list; 25 H. IDENTIFY to whom such RAW ASBESTOS has, at any time, been sold. 26 As to each such, state; 27 28 -20- r* 1 I. Whether any of THIS DEFENDANT'S RAW ASBESTOS has, at any time, 2 been sold, shipped, or otherwise distributed, used or installed to or at any COMPANY (including 3 power company or utility), governmental agency or entity, shipyard, distributor, refinery, 4 contractor, supplier, PREMISE owner or occupant, ship owner, or other PREMISE or site in the 5 GEOGRAPHIC AREA and whether any of THIS DEFENDANT'S RAW ASBESTOS has at any 6 time, been sold to any manufacturer, or manufacturing facility, of ASBESTOS-CONTAINING 7 PRODUCTS. If so, state: 8 1. The names of each such COMPANY, governmental agency or 9 entity, shipyard, distributor, supplier, manufacturer or refinery; 10 2. The inclusive dates of each such sale, and the amount (quantity) and 11 the trade brand name of such RAW ASBESTOS sold; 12 3. The manner of shipment (e.g. boat, rail, etc.) 13 4. Whether you have any records indicating any such sale or shipment 14 and, if so, the name, address and job classification of each person who currently has possession of 15 such records. 16 5. Either (1) attach all DOCUMENTS evidencing the information 17 sought in this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach 18 disks containing such data, or (3) describe such DOCUMENTS with sufficient particularity that 19 they maybe made the subject of a request for production of documents. 20 RESPONSE: Not applicable. 21 22 30. Between 1930 and 1985, did YOU ever engage in any of the activities listed below 23 with regard to ASBESTOS-CONTAINING PRODUCTS? If so, state the inclusive dates of such 24 activity: 25 A. Supply; 26 B. Importing; 27 C. Distribution; 28 -21- 1 D. Marketing; 2 E. Sale; 3 F. Labeling; 4 G. Manufacturing; 5 H. Brokering; 6 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. 7 objects to Interrogatory No. 30, because it assumes facts in dispute - namely that Crane Co. 8 supplied, imported, distributed, marketed, sold, labeled, manufactured and/or brokered in the 9 GEOGRAPHICAL AREA and during the pertinent time frame any asbestos-containing products 10 that are relevant to these lawsuits. Crane Co. further objects to Interrogatory No. 30 because it is 11 unduly burdensome, oppressive and overly broad insofar as it seeks information dating back over 12 sixty-five years for which it is impractical, if not impossible, to locate knowledgeable employees or 13 review pertinent documents. Crane Co. further objects to Interrogatory No. 30 because plaintiffs 14 have failed to identify (i) any specific Crane Co. products from which plaintiffs allege exposure to 15 asbestos, or (ii) any specific job or work sites at which plaintiffs allege exposure to Crane Co. 16 products. Finally, Crane Co. objects to Interrogatory No. 30 as being overly broad, oppressive, 17 unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence 18 because it is not limited to the alleged asbestos exposures of any plaintiffs in these lawsuits. 19 20 Subject to and without waiving the foregoing objections. Crane Co. was not a manufacturer of any 21 asbestos-containing product as that term is defined and as it is commonly used in asbestos 22 litigation. Crane Co. is and has been a manufacturer of certain types of industrial equipment. 23 Crane Co.'s principal line of industrial equipment throughout the time period requested in this 24 interrogatory was industrial valves. Industrial valves manufactured by Crane Co. were made of 25 steel, bronze and other metals; the valves were not composed of asbestos. Certain of the valves 26 had enclosed within their metal structure asbestos-containing gaskets, packing or discs. Crane Co. 27 did not manufacture the asbestos containing components that may have been encapsulated within 28 -22- 1 the valves but purchased them from other companies. Any components that may have been 2 enclosed within the metal structure of Crane Co. valves did not emit friable or respirable asbestos 3 fibers. Any asbestos-containing components were completely encapsulated within the metal 4 structure of the valves and/or valve fittings. Furthermore, any asbestos contained in the 5 components was chemically and physically sealed within the component itself by a rubber-like 6 compound. 7 8 Crane Co. acquired around and subsequent to 1961 the assets of several industrial pump 9 companies that manufactured pumps, which then became divisions of Crane Co. Subsequent to 10 those acquisitions Crane Co. manufactured industrial pumps that may have incorporated within 11 their metal structure an encapsulated asbestos-containing gasket or packing. However, Crane Co. 12 did not manufacture the asbestos-containing components, such as gaskets or packing, contained in 13 the industrial pumps and instead purchased these components from other companies. Any 14 components that may have been enclosed within the metal structure of Crane Co. industrial pumps 15 did not emit friable or respirable asbestos fibers. Any asbestos-containing components were 16 completely encapsulated within the metal structure of the industrial pumps. Furthermore, any 17 asbestos contained in the components was chemically and physically sealed within the component 18 itselfby a rubber-like compound. 19 20 Crane Co. manufactured boilers until 1946 that may have contained encapsulated asbestos- 21 containing gaskets or packing within the boilers. Crane Co. also purchased the assets of two 22 boiler companies in the 1960's and resold them several years later; however, to the best of Crane 23 Co.'s knowledge, information and belief, the boilers that Crane Co. manufactured in the 1960's 24 utilized fiberglas, not asbestos insulation. . 25 26 Crane Co. also offered for sale certain products manufactured by other companies. A small 27 quantity of these products may have contained asbestos. Crane Co. offered for sale gaskets and 28 -23- 1 packing manufactured by other companies that may have contained asbestos. One such product, 2 called Cranite, was manufactured exclusively for resale by Crane Co. during the defined time 3 period and through the 1970's or early 1980's. Any asbestos contained in such products, 4 however, was chemically and physically sealed within a rubber-like compound that prevented the 5 release of any friable asbestos fibers. 6 7 Crane Co.'s investigation of its activities regarding asbestos-containing products is continuing. 8 9 31. If your answer to any subpart of Interrogatory No. 31 regarding "ASBESTOS10 CONTAINING PRODUCTS" is in the affirmative, state: 11 A. The trade, brand name, and/or generic name of each such ASBESTOS12 CONTAINING PRODUCT MARKETED in any form or quantity between 1930 and 1985; 13 B. The date(s) each such ASBESTOS-CONTAINING PRODUCT was first 14 placed on the market, including the date(s) each such ASBESTOS-CONTAINING PRODUCT 15 was first MARKETED; 16 1. On an experimental basis; 17 2. On a test basis; or 18 3. For sale. 19 C. The date(s) each such ASBESTOS-CONTAINING PRODUCT: 20 1. Ceased to be produced; or 21 2. Was recalled from thd market, if ever. 22 D. A detailed description of the chemical composition of each such 23 ASBESTOS-CONTAINING PRODUCT, including the type and/or grade of asbestos and/or 24 asbestos fiber contained in each such product and the quantitative percentage of asbestos or 25 asbestos fiber in each such product, and all non-asbestos components of the ASBESTOS26 CONTAINING PRODUCT, and if the chemical composition changed over time, the inclusive 27 dates of each formulation; 28 -24- 1 E. A description of the physical appearance and nature of each such 2 ASBESTOS-CONTAINING PRODUCT, including any color coding, distinctive marking and/or 3 logo, either on the product or on the packaging; 4 F. A detailed description of the intended use of each such ASBESTOS5 CONTAINING PRODUCT, including any temperature limits for each such use; 6 G. Whether any such ASBESTOS-CONTAINING PRODUCT was on the 7 U.S. Government's "Qualified Products List," and if so, the inclusive dates it was on such list; 8 H. The name and address of the supplier of the RAW ASBESTOS used in 9 each such product and the time period of such supply; 10 I. Whether any of THIS DEFENDANT'S RAW ASBESTOS OR 11 ASBESTOS-CONTAINING PRODUCTS have, at any time, been sold, shipped, or otherwise 12 distributed to any COMPANY (including power company or utility), governmental agency or 13 entity, shipyard distributor, refinery, contractor, supplier, manufacturer, PREMISE owner or 14 occupant, ship owner, or other PREMISE or site in the GEOGRAPHIC AREA. If so, state: 15 1. The names of each such COMPANY, governmental agency or 16 entity, shipyard, distributor, supplier, manufacturer, refinery, contractor, PREMISE owner or 17 occupant, ship owner, PREMISE or site: 18 2. The inclusive dates of each such sale, shipment, distribution, use or 19 installation and the amount (volume) and the trade or brand name of each such ASBESTOS20 CONTAINING PRODUCT sold; 21 3. Whether you have any records indicating any such sale, shipment, 22 distribution, use or installation and, if so, the name, address and job classification of each person 23 who currently has possession of such records. 24 J. Either (1) attach all DOCUMENTS evidencing the information sought in 25 this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks 26 containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they 27 may be made the subject of a request for production of documents. 28 -25- 1 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. 2 objects to Interrogatory No. 31, because it assumes facts in dispute - namely that Crane Co. 3 supplied, imported, distributed, marketed, sold, labeled, manufactured and/or brokered in the 4 GEOGRAPHICAL AREA and during the pertinent time frame any asbestos-containing products 5 that are relevant to these lawsuits. Crane Co. further objects to Interrogatory No. 31 because it is 6 unduly burdensome, oppressive and overly broad insofar as it seeks information dating back over 7 sixty-five years for which it is impractical, if not impossible, to locate knowledgeable employees or 8 review pertinent documents. Crane Co. further objects to Interrogatory No. 31 because plaintiffs 9 have failed to identify (i) any specific Crane Co. products from which plaintiffs allege exposure to 10 asbestos, or (ii) any specific job or work sites at which plaintiffs allege exposure to Crane Co. 11 products. Finally, Crane Co. objects to Interrogatory No. 31 as being overly broad, oppressive, 12 unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence 13 because it is not limited to the alleged asbestos exposures of any plaintiffs in these lawsuits. 14 15 Subject to and without waiving the foregoing objections. Crane Co. responds that in an effort to 16 locate documents relating to the sale, manufacture or use of asbestos-containing products. Crane 17 Co. has collected and organized from various of its document repositories a number of documents, 18 some of which are potentially responsive to Interrogatory No. 31. Upon request. Crane Co. will 19 make all non-privileged relevant documents responsive to this request available for review and 20 copying at the offices of Crane Co.'s legal counsel. 21 22 Crane Co. has no specific knowledge of any other documents that are responsive to this request, 23 but Crane Co. does maintain additional documents in document repositories that may possibly 24 contain relevant information. Crane Co. has not reviewed the documents at these locations and, 25 consequently, cannot certify that these documents do not contain information responsive to 26 Interrogatory No. 31. The documents at these repositories are not organized and Crane Co. is not 27 able to ascertain whether any documents are responsive to Interrogatory No. 31. These 28 -26- 1 repositories contain numerous documents that are not relevant to this request and which are 2 subject to the attorney-client privilege and/or the work product doctrine. Should plaintiffs wish to 3 review the documents at any of these repositories, Crane Co. will make certain of those 4 documents available to plaintiffs if plaintiffs agree, in writing, that (i) Crane Co. has not waived 5 any objections it may have with respect to the discoverability of those documents on any ground 6 and (ii) Crane Co. may conduct a post-designation review to remove privileged and irrelevant 7 documents from any collection of documents that may be copied for production to plaintiffs, even 8 if plaintiffs had specifically designated the privileged or irrelevant documents for copying. 9 10 32. (PREMISES DEFENDANTS only) Did YOU install, remove, or handle or 11 contract to have others install, remove, or handle RAW ASBESTOS or ASBESTOS- 12 CONTAINING PRODUCTS at any PREMISES in the GEOGRAPHIC AREA which 13 PREMISES is at issue as to YOU in San Francisco Superior Court asbestos litigation as of the 14 date of your answers to these interrogatories? If so: 15 A. IDENTIFY the PREMISES. 16 B. For each of the PREMISES: 17 1. State the nature of your ownership or possessory interest; 18 2. State the inclusive date of that interest; 19 3: IDENTIFY the party from whom that interest was acquired; 20 4. IDENTIFY the party, if any, to whom that interest was transferred. 21 C. IDENTIFY every contract to which YOU were a party or of which you 22 have knowledge wherein the performance of such contract involved the installation, removal, 23 disturbing or handling of any RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS at 24 YOUR PREMISES. For each such contract: . 25 1. IDENTIFY the parties to the contract; 26 2. Provide a general description and specific location of the work to be 27 performed by each party to the contract; 28 -27- r 1 3. IDENTIFY and describe the NATURE of the RAW ASBESTOS or 2 ASBESTOS-CONTAINING PRODUCTS installed, removed, disturbed or handled in the 3 performance of the contract; 4 4. State the dates of the contract and the dates of performance; 5 D. Except as provided in response to subpart (c), has any work other than 6 routine maintenance been done on or to the PREMISES that involved the installation, removal. 7 disturbing or handling ofRAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS? If so, 8 for each such instance: 9 1. State the inclusive dates of the work; 10 2. Provide a general description and specific location of the work; 11 3. State whether the work was done by YOU and/or YOUR 12 employees; 13 4. IDENTIFY and describe the NATURE of the RAW ASBESTOS or 14 ASBESTOS-CONTAINING PRODUCTS installed, removed, handled or disturbed; 15 5. IDENTIFY from whom the RAW ASBESTOS or ASBESTOS- 16 CONTAINING PRODUCTS were acquired. 17 E. Has any asbestos abatement effort been made at the PREMISES? If so, for 18 each such effort: 19 1. IDENTIFY who did the work; 20 2. State the inclusive dates thereof; 21 3. State whether samples were taken, and, if the samples still exist, 22 IDENTIFY the custodian of the samples; 23 4. State whether any material was tested, and, if so, what were the 24 results of each test; 25 5. IDENTIFY each test with sufficient particularity for purposes of a 26 request for production of documents, or, in the alternative, attach a copy to YOUR answers to 27 these interrogatories. 28 -28- 1 F. Except for insurance coverage litigation, have you filed suit against, or 2 otherwise sought to recover from, any person or entity for some or all of the cost of asbestos 3 abatement or for the property damage allegedly caused by the presence of RAW ASBESTOS or 4 ASBESTOS-CONTAINING PRODUCTS on the PREMISES identified in response to subpart 5 (A) above? If so: 6 1. IDENTIFY the person or entity against whom YOU have filed suit 7 or otherwise sought to recover; S 2. If YOU have filed suit, state the court in which the action was filed, 9 on the date on which it was filed, IDENTIFY all Plaintiffs and Defendants and their counsel of 10 record; 11 3. State whether or not the case has been resolved, and, if so, what 12 was the status or disposition. 13 G. Either (1) attach all DOCUMENTS evidencing the information sought in 14 this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks 15 containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they 16 may be made the subject of a request for production of documents. 17 H. IDENTIFY the person(s) presently most knowledgeable about the 18 information sought in this interrogatory or its subparts. 19 RESPONSE: Not applicable. 20 21 33. (CONTRACTOR DEFENDANTS only) At any time between 1930 and 1985, 22 did YOU hold a contractor's license in the State of California? If so: 23 A. IDENTIFY each license by type, date and number. 24 B. If on the date of your answers YOU are a defendant in four or more 25 asbestos actions in San Francisco Superior Court, IDENTIFY each job or contract that YOU 26 performed (directly or through one or more subcontractors) during this time period for work in 27 any PREMISES which is at issue as to YOU on such date, and in any PREMISES of 50,000 28 -29- 1 square feet or more in the GEOGRAPHIC AREA which job or contract involved installation, 2 removal, disturbing or handling RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS. 3 (Alternatively, at your option, you may IDENTIFY each job or contract YOU performed (directly 4 or through one or more subcontractors) during this time frame for all work, or for all work on 5 PREMISES of 50,000 square feet or more, in the GEOGRAPHICA AREA.) As to each such job 6 or contract: 7 1. IDENTIFY the location (including name of ship, if applicable) 8 where the job or work was performed. 9 2. State the date of the contract or the inclusive dates of the work; 10 3. IDENTIFY the person or entity with whom you contracted; 11 4. State your job or contract number. 12 C. If on the date of your answers you are not a defendant in four or more 13 asbestos actions in San Francisco Superior Court, IDENTIFY each job or contract that YOU 14 performed (directly or through one or more subcontractors) during this time period for work in 15 any PREMISES which is at issue as to YOU on such date. As to each such job or contract: 16 1. IDENTIFY the location (including name of ship, if applicable) 17 where the job or work was performed; 18 2. State the date of the contract or the inclusive dates of the work; 19 3. IDENTIFY the person or entity with whom you contracted; 20 4. State your job or contract number. 21 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. to its 22 knowledge did not hold a contractor's license in California, but its investigation is continuing in 23 this regard. 24 25 34. Did any of the distributors identified in your Answer to Interrogatory Nos. 29 and 26 31 above have an exclusive distributorship? If so, state the relevant time period. 27 RESPONSE: Not applicable. 28 -30- 1 35. If THIS DEFENDANT entered into any agreements for the rebranding of any 2 ASBESTOS-CONTAINING PRODUCTS by THIS DEFENDANT for resale or distribution by 3 another person or entity, describe each agreement's terms and the parties to said agreement, the 4 duration of the agreement, and name of each product(s) and/or material(s) covered by each such 5 agreement. 6 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. 7 objects to Interrogatory No. 35 because the term "rebranding" is undefined, vague and ambiguous. 8 Subject to and without waiving the foregoing objections. Crane Co. to its knowledge did not enter 9 into any rebranding agreement as it understands that term. . 10 11 36. If THIS DEFENDANT entered into any agreements for the rebranding of 12 ASBESTOS-CONTAINING PRODUCTS manufactured, sold, supplied or distributed by another 13 person or entity for resale or distribution by YOU, describe each of the agreements and the parties 14 to said agreement, the terms, the duration, and the names of each product(s) and/or material(s) 15 covered by each such agreement. 16 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. 17 objects to Interrogatory No. 36 because the term "rebranding" is undefined, vague and ambiguous. 18 Subject to and without waiving the foregoing objections, see Crane Co.'s Response to 19 Interrogatory No. 35. 20 21 37. As to RAW ASBESTOS and to each such ASBESTOS-CONTAINING 22 PRODUCT listed in YOUR responses to Interrogatories No. 29 and 31 did DEFENDANT warn 23 ofthe health hazards of asbestos? If so, state for each such warning: 24 A. The content, size, color, and location; whether the warning appeared on the 25 material and/or on the container, and/or was placed on a tag; whether the warning was included in 26 contracts; whether the warning was included in advertising or other promotional materials. 27 B. State whether you have any photographs thereof; 28 -31- 1 C. 2 D. 3 changes; and The inclusive dates on which you used each such warning; State all changes you made in such warnings and the dates of such 4 5 policy. E. Identify the person most knowledgeable about your warnings and warning 6 RESPONSE: Subject to and without waiving the foregoing General Objections, as to raw 7 asbestos see Crane Co.'s Response to Interrogatory No. 29, and as to asbestos-containing 8 products see Crane Co.'s Response to Interrogatory No. 31. By way of further answer, in or 9 about 1985 a silver mylar warning tag or strip with black lettering was affixed to one of the bolts 10 on steel valves. It read "Caution: Packing or gasket contains asbestos." At the time Crane Co 11 added the warning tag or strip to its steel valves in 1985. similar designations were not applied to 12 its bronze and iron valves because Crane Co. had previously discontinued the use of asbestos13 containing components in them. 14 15 38. With respect to each of YOUR ASBESTOS-CONTAINING PRODUCTS, state 16 whether THIS DEFENDANT'S name, a trademark, logos, color coding, or other identifying 17 markings ever appeared on the actual product itself. If so, IDENTIFY each such product, state 18 when the practice to place such identifying markings upon the product was begun and when it 19 ended, if applicable, and describe in detail the pertinent marking(s) and the purpose, if any, of such 20 markings. 21 RESPONSE: Subject to and without waiving the foregoing General Objections, see Crane Co.'s 22 Response to Interrogatory No. 31. 23 24 39. Between the years 1930 to 1985, did THIS DEFENDANT purchase or otherwise 25 acquire any ASBESTOS-CONTAINING PRODUCT lines from another person or entity? If so, 26 state for each such purchase: 27 A. Date of purchase or acquisition; 28 -32-  1 B. Terms of purchase or acquisition agreement; 2 C. Either (1) attach all DOCUMENTS evidencing said acquisition, or 3 (2) attach disks containing such data, or (3) describe such DOCUMENTS with sufficient 4 particularity that they may be made the subject of a request for production of documents. 5 D. Trade, brand, and/or generic name of each such product line so acquired; 6 E. Name of the person or entity from whom YOU purchased or acquired each 7 such ASBESTOS-CONTAINING PRODUCT line; and 8 F. Location of any manufacturing facilities so acquired, and the type of 9 ASBESTOS-CONTAINING PRODUCTS manufactured therein. ' 10 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. 11 objects to Interrogatory No. 39 because the term "ASBESTOS CONTAINING PRODUCT lines" 12 is undefined, vague and ambiguous. Crane Co. further objects to Interrogatory No. 39 because it 13 is unduly burdensome, oppressive and overly broad insofar as it seeks information dating back 14 over sixty-five years for which it is impractical, if not impossible, to locate knowledgeable 15 employees or review pertinent documents. Subject to and without waiving the foregoing 16 objections, see Crane Co.'s Response to Interrogatory No. 30. 17 18 40. Between the years 1930 to 1985, did THIS DEFENDANT sell any ASBESTOS- 19 CONTAINING PRODUCT line to another person or entity? If so, state for each such sale; 20 A. Date of sale; 21 B. Terms of sales agreement; 22 C. Either (1) attach all DOCUMENTS evidencing said acquisition, or 23 (2) attach disks containing such data, or (3) describe such DOCUMENTS with sufficient 24 particularity that they may be made the subject of a request for production of documents. 25 D. Trade, brand, and/or generic name of each such product line so sold; 26 E. Name of the person or entity to whom you sold each such ASBESTOS- 27 CONTAINING PRODUCT line; and 28 -33- r*- 1 F. Location of any manufacturing facilities so sold, and the type of 2 ASBESTOS-CONTAINING PRODUCTS manufactured therein. 3 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. 4 objects to Interrogatory No. 40 because the term "ASBESTOS CONTAINING PRODUCT lines" 5 is undefined, vague and ambiguous. Crane Co. further objects to Interrogatory No. 40 because it 6 is unduly burdensome, oppressive and overly broad insofar as it seeks information dating back 7 over sixty-five years for which it is impractical, if not impossible, to locate knowledgeable 8 employees or review pertinent documents. Subject to and without waiving the foregoing * 9 objections, see Crane Co.'s Response to Interrogatory No. 30. 10 11 41. IDENTIFY all brochures, pamphlets, catalogs or other advertising relating to 12 ASBESTOS-CONTAINING PRODUCTS and/or RAW ASBESTOS which THIS DEFENDANT 13 manufactured, sold, distributed or supplied from the year 1930 to 1985. For each such document, 14 state: - 15 A. A description of the document; 16 B. The year it was printed; 17 C. The period of time in which it was used; 18 D. The purpose of such document; 19 E. Whether the documents or copies of said documents presently exist; 20 F. If said documents or copies still exist, where they are located; and 21 G. The IDENTITY of the custodian of such documents. 22 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. 23 objects to Interrogatory No. 41 because it assumes facts in dispute - namely that Crane Co. 24 manufactured, sold, distributed and/or supplied in the GEOGRAPHICAL AREA and during the 25 pertinent time frame any raw asbestos or asbestds-containing products that are relevant to these 26 lawsuits. Crane Co. further objects to Interrogatory No. 41 because it is unduly burdensome, 27 oppressive and overly broad, insofar as it seeks information dating back over sixty-five years. 28 -34- 1 Finally, Crane Co. objects to Interrogatory No. 41 because plaintiffs have failed to identify any 2 specific Crane Co. products from which plaintiffs allege exposure to asbestos. Subject to and 3 without waiving the foregoing objections, see Crane Co.'s Response to Interrogatory No. 31. 4 5 42. State if YOU have or had within YOUR corporate or other business structure any 6 CONTRACT UNITS. 7 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. S objects to Interrogatory No. 42 because it is unduly burdensome, oppressive and overly broad, 9 insofar as it seeks information dating back over sixty-five years. Finally, Crane Co. objects to 10 Interrogatory No. 42 because plaintiffs have failed to identify any specific job or work sites at 11 which plaintiffs allege a contract unit of Crane Co. may have been engaged. Subject to and 12 without waiving the foregoing objections, to Crane Co.'s knowledge neither Crane Co. nor any 13 so-called CONTRACT UNIT was engaged in the installation, removal, etc. of raw asbestos or 14 asbestos-containing products, but its investigation is continuing in this regard. By way of further 15 answer, see Crane Co.'s Response to Interrogatory No. 30. 16 17 43. State whether or not any of YOUR CONTRACT UNITS installed and/or removed 18 RAW ASBESTOS and/or ASBESTOS-CONTAINING PRODUCTS in the GEOGRAPHIC 19 AREA at any time between 1930 and 1985. If so: 20 A. State the business addresses and name of the CONTRACT UNIT; 21 B. State the inclusive periods of time the CONTRACT UNITS were working 22 in the GEOGRAPHIC AREA; 23 C. State the name and address of each job site within the GEOGRAPHIC 24 AREA and the dates the CONTRACT UNIT worked at those job sites, and, IDENTIFY the RAW 25 ASBESTOS and/or ASBESTOS-CONTAINING PRODUCTS installed or removed on each 26 occasion; 27 D. Either (1) attach all DOCUMENTS evidencing the information sought in 28 -35- 1 this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks 2 containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they 3 may be made the subject of a request for production of documents. 4 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. 5 objects to Interrogatory No. 43 because it is unduly burdensome, oppressive and overly broad, 6 insofar as it seeks information dating back over sixty-five years. Finally, Crane Co. objects to 7 Interrogatory No. 43 because plaintiffs have failed to identify any specific job or work sites at 8 which plaintiffs allege a contract unit of Crane Co. may have been engaged. Subject to and 9 without waiving the foregoing objections, see Crane Co.'s Response to Interrogatory No. 42. 10 11 44. When do YOU contend that THIS DEFENDANT first became aware that there is 12 an association between asbestos exposure and disease in human beings? 13 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. 14 objects to Interrogatory No. 44 as being vague and speculative because it requires information 15 regarding a supposed causal link between various medical conditions and exposure to asbestos, 16 without regard for the fiber types or the concentration, duration, frequency or nature of the 17 exposures. Subject to and without waiving the foregoing objections. Crane Co. first became 18 aware of the purported association between asbestos exposure and disease in human beings in the 19 late 1970's or early 1980's. 20 21 45. How do YOU contend that THIS DEFENDANT first became aware that there is 22 an association between asbestos exposure and disease in human beings? 23 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. 24 objects to Interrogatory No. 45 as being vague and speculative because it requires information 25 regarding a supposed causal link between various medical conditions and exposure to asbestos, 26 III 27 III 28 -36- 1 without regard for the fiber types or the concentration, duration, frequency or nature of the 2 exposures. Subject to and without waiving the foregoing objections. Crane Co. became aware of 3 said purported association through a variety of sources. 4 5 46. Either (1) attach all DOCUMENTS evidencing the information upon which YOUR 6 contentions in YOUR answers to Interrogatories No. 44 and No. 45 are based, or (2) attach disks 7 containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they 8 may be made the subject of a request for production of documents. 9 RESPONSE: Subject to and without waiving the foregoing General Objections, upon request 10 Crane Co. will make documents potentially responsive to Interrogatory No. 46 available for 11 review and copying at the offices of Crane Co.'s legal counsel. 12 13 47. When did THIS DEFENDANT first warn its employees that exposure to asbestos 14 could be hazardous to human health? State: - 15 A. Whether the first such warning was written or oral; 16 B. Whether copies of DOCUMENTS containing such warning exists; 17 C. The IDENTITY of the custodian of such DOCUMENTS; 18 D. The content of the warning. 19 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. 20 objects to Interrogatory No. 47 as being irrelevant and not reasonably calculated to lead to the 21 discovery of admissible evidence because to its knowledge employees of Crane Co. would not 22 have been exposed to respirable or friable asbestos or, if there was any exposure, it would have 23 been deminimus and within all applicable regulations and this interrogatory assumes a duty to warn 24 without any evidence of employee exposure to asbestos at hazardous levels in any Crane Co. 25 facility. Subject to and without waiving the foregoing objections. Crane Co. responds: unknown, 26 although its investigation in this regard is continuing. 27 28 -37- 1 48. Did THIS DEFENDANT ever issue a written COMPANY policy discontinuing 2 warning its employees that exposure to asbestos could be hazardous to human health? If so, 3 A. Provide the date; 4 B. Describe the circumstances; and 5 C. Either (1) attach all DOCUMENTS evidencing the information sought in 6 this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks 7 containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they 8 may be made the subject of a request for production of documents. 9 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. 10 objects to Interrogatory No. 48 as being irrelevant and not reasonably calculated to lead to the 11 discovery of admissible evidence because no present or former employees of Crane Co. are known 12 to have made asbestos exposure claims against Crane Co. and the interrogatory assumes a duty to 13 warn without any evidence of employee exposure to asbestos at hazardous levels in any Crane Co. 14 facility. Subject to and without waiving the foregoing'objections. Crane Co. responds: no. 15 16 49. Did THIS DEFENDANT provide any Independent Contractor or Subcontractor 17 within the GEOGRAPHIC AREA with a written warning that exposure to asbestos could be 18 hazardous to human health. 19 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. 20 objects to Interrogatory No. 49 because the terms "Independent Contractor or Subcontractor" are 21 undefined, vague and ambiguous. Subject to and without waiving the foregoing objections, see 22 Crane Co.'s Response to Interrogatory No. 37. 23 24 50. Has THIS DEFENDANT been cited for or otherwise charged by a public agency 25 with a violation in the GEOGRAPHIC AREA of any statute, ordinance, safety order, regulation, 26 or law pertaining to asbestos exposure? For each occasion, IDENTIFY: 27 28 -38- 1 A. The code section, safety order, statute, or regulation for which THIS 2 DEFENDANT had been cited or otherwise charged; 3 B. The date(s) thereof. 4 C. The agency or other governmental unit which issued the citation or 5 otherwise charged YOU. 6 D. All persons known to YOU with information relevant to the incident. 7 E. What was the ultimate resolution. 8 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. 9 objects to Interrogatory No. 50 because it assumes facts in dispute - namely that Crane Co. sold in 10 the GEOGRAPHIC AREA and during the pertinent time frame any asbestos-containing products 11 that are relevant to these lawsuits. Crane Co. further objects to Interrogatory No. 50 because any 12 citation against Crane Co. is neither relevant to nor reasonably calculated to lead to the discovery 13 of admissible evidence as to plaintiffs' asbestos claims. Subject to and without waiving the 14 foregoing objections. Crane Co. has no knowledge of any such citations or charges. 15 16 51. If THIS DEFENDANT has ever owned or operated a railroad, state: 17 A. The IDENTITY of each such railroad, including the name(s) of such 18 railroad during the time period of YOUR ownership and/or operation, the principal place of 19 business of such railroad and the dates of YOUR ownership and/or operation; 20 B. The geographic area of operation of such railroad; 21 C. The name(s) of such railroad prior to YOUR ownership and/or operation; 22 D. The IDENTITY of the person or entity from whom YOU purchased your 23 ownership or operating interest, and the date of such purchase; 24 E. The IDENTITY of the person or entity to whom YOU sold your ownership 25 or operating interest, and the date of such sale; 26 F. Whether copies of DOCUMENTS evidencing your ownership/operation 27 and/or sale exist; v 28 -39- 1 G. The IDENTITY ofthe Custodian of such DOCUMENTS. 2 H. To the extent that information has not been given in answers to 3 Interrogatory Nos. 32 and 33, the information required in Interrogatory Nos. 32 and 33, for each 4 railroad owned or operated by YOU. 5 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. does 6 not believe it owned or operated a railroad. 7 8 52. If DEFENDANT has ever owned or operated a shipyard, state: 9 A. The IDENTITY of each such shipyard, including the name(s) of such 10 shipyard during the time period of YOUR ownership and/or operation, the place of business of 11 such shipyard and the dates of YOUR ownership and/or operation. 12 B. The name(s) of such shipyard prior to YOUR ownership and/or operation; 13 C. The IDENTITY of the person or entity to whom YOU sold your ownership 14 or operating interest, and the date of such sale; 15 D. Whether copies of DOCUMENTS evidencing your ownership/operation 16 and/or sale exist; 17 E. Whether any representative of THIS DEFENDANT attended the Maritime 18 Commission Conference in December 1942 in Chicago, Illinois? If so, IDENTIFY any such 19 representative of THIS DEFENDANT; . 20 F. The IDENTITY of the Custodian of such DOCUMENTS; 21 G. To the extent that information has not been given in answers to 22 Interrogatory No. 32, the information requested in Interrogatory No. 32, for each shipyard owned 23 or operated by YOU. 24 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. does 25 not believe it owned or operated a shipyard. 26 27 28 -40- 'y 1 53. At any time between 1930 and 1985, did you import, export, ship, transship or 2 otherwise transport RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS into, out of 3 or through any port in the GEOGRAPHIC AREA? If so, for each occasion: 4 A. IDENTIFY and describe the NATURE and amount of RAW ASBESTOS 5 and/or ASBESTOS-CONTAINING PRODUCTS; 6 B. IDENTIFY the ship or ships (including the owners and operators thereof) 7 onto or from which the RAW ASBESTOS and/or ASBESTOS-CONTAINING PRODUCTS 8 were loaded, unloaded or transshipped; 9 C. State the dates, port and pier involved for each occasion; ' 10 D. Either (1) attach all DOCUMENTS evidencing the information sought in 11 this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks 12 containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they 13 may be made the subject of a request for production of documents. 14 RESPONSE: Subject to and without waiving the foregoing General Objections, Crane Co. 15 objects to Interrogatory No. 53 because the term "port" is undefined, vague and ambiguous. 16 Crane Co. further objects to Interrogatory No. 53 because it is unduly burdensome, oppressive 17 and overly broad insofar as it seeks information dating back over sixty-five years. Crane Co. 18 further objects to Interrogatory No. 53 because plaintiffs have failed to identify (i) any specific 19 Crane Co. products from which plaintiffs allege exposure to asbestos, or (ii) any specific job or 20 work sites at which plaintiffs allege exposure to Crane Co. products. Finally, Crane Co. objects to 21 Interrogatory No. 53 as being overly broad, oppressive, unduly burdensome and not reasonably 22 calculated to lead to the discovery of admissible evidence because it is not limited to the alleged 23 /// 24 III 25 III 26 III 27 III 28 -41- 1 asbestos exposures of any plaintiffs in these lawsuits. Subject to and without waiving the 2 foregoing objections. Crane Co. to its knowledge did not transport raw asbestos via any port. 3 Crane Co. has no knowledge regarding whether or not it transported asbestos-containing products 4 via any port. By way of further answer, see Crane Co.'s Response to Interrogatory No. 31. 5 6 DATED: July 6, 1998 WRIGHT, ROBINSON, OSTHIMER & TATUM 7 8 By: _____ --PET--ER B.~lyOQAN - 9 Attorneys for Defendant CRA&E CO. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -42- Tr r%, i i! [CATION 2 3 I, Augustus L duPont, declare and sayi 4 I am the Vice President, General Counsel and Secretary of defendant Crane Co. I have 5 reviewed the foregoing Crane Co.'s Responses to Plaintiffs' Standard Interrogatories (General 6 Order 129). Crane Co. does not have any current employees with personal knowledge ofthe 7 information sought by said interrogatories. The informationprovided in Crane Co.'s responses 8 has been obtained through a review of misting business records and interview offormer 9 employees ofthe company. 1 am informed and believe, and on that basis assert, that said 10 information is true. . 11 I declare under penalty ofperjury under the laws ofthe State of California that the 12 foregoing is true and correct. 13 DATED: July^ 1998 14 15 i 15 i 17 ! 18 19 20 21 i 22 !II i 23 i i I 24 i 25 r !i 26 27 28 1i i ! 'l 0286 N HV95:01 866 1 c `W PROOF OF SERVICE 1 2 I declare that: 3 I am a citizen ofthe United States, employed in the County of San Francisco, California, over the age of eighteen years, and not a party to the within cause. My business address is 44 4 Montgomery Street, 18th Floor, San Francisco, California, 94104. 5 On July 6,1998,1 served the within: 6 CRANE CO.'S RESPONSES TO 7 PLAINTIFFS' STANDARD INTERROGATORIES 8 XX BY MAIL on the parties in said cause, by placing a true and correct copy thereof 9 enclosed in a sealed envelope with postage thereon My prepaid, in the United States mail at San Francisco, California, addressed as follows: 10 SEE ATTACHED LIST 11 12 I certify and declare under penalty of perjury that the foregoing is true and correct and that 13 this declaration was executed on July 6, 1998, at San FrancisficuCalifomia. 14 Patricia L. Sh< 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Mr. Zafferono 2 AARONSON, DICKERSON, COHN & LANGONE 3 P.O. Box 1065 San Carlos, CA 94070 4 Bryce Anderson, Esq. 5 P.O. Box 756 6 Clayton, CA 94517-0756 7 8 Louis M. Bernstein, Esq. Attorney at Law 9 One Kaiser Plaza, Suite 601 Oakland, CA 94612 10 Michael A. Pollack, Esq. 11 CASCINO VAUGHAN LAW OFFICES 633 W. Wisconsin Avenue, Suite 330 12 Milwaukee, WI 53202 13 14 LAW OFFICES OF JACK K. CLAPPER 15 Marina Office Plaza 2330 Marinship Way, Suite 140 16 Sausalito, CA 94965 17 LAW OFFICES OF FRANK H, FINNEY 18 3200 a. Danville Blvd., Ste. 101 Alamo, CA 94507 19 20 HARRISON & DeGARMO 21 One Daniel Burnham Court, Suite 220-C San Francisco, CA 94109 22 KAZAN, McCLAIN, EDISES, SIMON & 23 ABRAHAMS 24 171 Twelfth Street, Suite 300 Oakland, CA 94607 25 26 27 28 Bruce L. Ahnfeldt, Esq. P. O. Box 6078 Napa, CA 94581 Marc C. Barulich, Esq. LAW OFFICES OF MARC C. BARULICH 1721 Court Street Redding, CA 96001 BRAYTON HARLEY CURTIS P. O. Box 2109 Novato, CA 94948 Frederick Schenk, Esq. CASEY, GERRY, CASEY, WESTBROOK, REED & SCHENK 110 Laurel Street San Diego, CA 92101 Thorftas D. Thomas, Esq. DAVIS & THOMAS 1999 Avenue ofthe Stars, Suite 2310 Los Angeles, CA 90067 LAW OFFICES OF CHRISTOPHER E. GRELL 685 Market Street, Suite 540 San Francisco,. CA 94105 LAW OFFICES OF GLORIA J. HUSICK 351 St. Mary Street Pleasanton, CA 94566 GEORGE W. MOLBOURNE, ESQ. 661 Augusta Drive Moraga, CA 94556 '1 1 LAW OFFICES OF J. KENNETH LYNCH McCarthy, Johnson & miller 2 One Sansome Street, Suite 2100 San Francisco, CA 94104 595 Market Street, Suite 2200 San Francisco, CA 94105 3 Jerry N. Paul, Esq. 4 Attorney at Law 5 16830 Ventura Blvd., Ste. 500 Encino, CA 91436 6 JOHN C. SMITH, JR., ESQ. 7 Fox Plaza 8 1390 Market Street, Suite 702 San Francisco, CA 94102 LAW OFFICES OF JOHN C. ROBINSON 855 Channing Circle Benicia, CA 94510 STEVEN B. STEIN, ESQ. One Embarcadero Center, Ste. 2112 San Francisco, CA 94111 9 STERNS, WALKER & LODS 10 280 Utah Street San Francisco, CA 94103 11 VISSE & YANEZ One Daniel Burnham Court, Ste. 220-C San Francisco, CA 94109 12 WARTNICK, CHASER, HAROWITZ, SMITH & TIGERMAN 13 101 California Street, 22nd Floor San Francisco, California 94111 14 BERRY & BERRY Station D P.O. Box 70250 Oakland, CA 94612 15 16 17 18 19 20 21 22 23 24 25 26 27 28 F:\PBL\791030\0004\Gol29pos.doc