Document 4a60RzwaXJJm6Dd53nnNJmVKG

PLAINTIFF'S EXHIBIT GF-2397 FILED IN THE UNITED STATES DISTRICT COURT o v oisuici ecu:: fASiW< 6-.SUICI Of .'Mas FOR THE EASTERN DISTRICT OF TEXAS g.-.y 1 5 SAMUEL R. POTTER BEAUMONT DIVISION I dames k. cocNer. clerk flr ... / I VS. I CIVIL ACTION NO. 6329 FIBREBOARD PAPER PRODUCTS l I CORPORATION, ET AL I CLARENCE BOREL VS. FIBREBQARD PAPER PRODUCTS CORPORATION, ET AL I l I I I I CIVIL ACTION NO. 6449 J. J. CRAWFORD VS. FIBREBOARD PAPER PRODUCTS CORPORATION, ET AL I I l I I l -CIVIL ACTION NO. 6492 ANSWER OF THE DEFENDANT, FIBREBOARD CORPORATION, TO INTERROGATORIES PROPOUNDED BY PLAINTIFFS TO: PLAINTIFFS, SAMUEL R. POTTER, CLARENCE BOREL AND J. J. CRAWFORD, AND MR. WARD STEPHENSON, STEPHENSON & THOMPSON, STEPHENSON BUILDING, ORANGE, TEXAS, THEIR ATTORNEY OF RECCED: Defendant, Flbreboard Corporation, sued herein as Fibreboard Paper Products Corporation, in response to inter rogatories propounded under Rule 33, Federal Rules of Civil Procedure, herein files its answers to such interrogatories within the period of time as extended by order of this Court. Such answers to each interrogatory bears the same number as the request: INTERROGATORY NO. 1: Have you ever advised those using your products of your so-called threshold limits? If you did, describe exactly how you advised those using your products of such threshold limits. ANSWER; This defendant does not have any "so-called threshold limits'' of its own. References in answers to written inter rogatories previously propounded were to publications by The American Conference of Governmental Industrial Hygienists entitled "Threshold Limit Values for Air-Borne Contaminants." This defendant has not advised insulation contractors and those using its products of these publications. INTERROGATORY NO. 2; If you did not advise those using your products of such threshold limit, explain why you did not. ANSWER: This defendant's customers are insulation contractors and owners who are experts in the field of insulations application and are aware of any dust problem. All are aware that high tem perature insulating products contain some asbestos and that reason able care must be taken to reduce dust concentrations in shops and in the installation of the products where excessive dust is created. These customers know that threshold limit values have been estab lished for asbestos dust concentrations. Further,.it is the duty and the responsibility of the insulation contractor or owner to furnish their employees a reason ably safe place to work and to Inform their employees of these facts and to take all necessary safety precautions. INTERROGATORY NO. 3; What do you contend to be the "threshold limits" as used in answering written interrogatories previously propounded to you? -2- ANSWER: See answer to Interrogatory No. 1. INTERROGATORY NO. 4: Where did you obtain such information concerning threshold limits, and when did you get such information? ANSWER: Information obtained from: American Conference of Governmental Industrial Hygienists 1014 Broadway Cincinnati, Ohio 45202. INTERROGATORY NO. 5: Has your company ever gone into the field and seen, observed, or counted, or in any way shown any interest in as certaining how much dust is created by the worker applying your products when he is in an enclosed area such as a building, factory, room, or confined space? Answer "Yes" or "No." ANSWER: No. INTERROGATORY NO. 6: If your answer is "Yes" to Interrogatory No. 5, then please explain the details of when and where such observations were taken, by whom they were taken, giving the complete name and address, the system used for such observation and the complete results, and to whom the results were reported. ANSWER: No. 5. Not applicable because of the "No" answer to Interrogatory INTERROGATORY NO. 7: If your company is one contending that some dust count constitutes a threshold level, please explain in detail when you -3- 43 goc such information, exactly what it is, setting out all the details which you have concerning this in its entirety, and what your company has done to advise those who might use your products. ANSWER: This defendant does not contend that some dust count constitutes a threshold level. It only states that, to its knowledge, the most reliable information available on air-borne contaminants and on the concentration of such contaminants to which workers cay be exposed without adverse effects is "Threshold Limit Values of Air-Borne Contaminants" published periodically by The American Conference of Governmental Industrial Hygienists. The threshold limit recocmiended by The American Con ference of Governmental Industrial Hygienists entitled "Threshold Limit Values For Air-Borne Contaminants," was five million particles per cubic foot of air, and this was the recommendation through the year 1968 or 1969. DATED this /X/ day of October, 1970. WELLEER.^JfHEELUS, GREEN & BR0CAT0 by ^ i-_v.. GEO. A. WELLER, P. 0. BOX 350 BEAUMONT, TEXAS 77704 ATTORNEYS FOR DEFENDANT, FIBREBOARD CORPORATION. THE STATE OF TEXAS I COUNTY OF JEFFERSON I Geo. A. Weller, being duly sworn, on oath says that he is attorney of record for the defendant, Fibreboard Corporation, in the above causes, and as such is duly authorized to make, file and serve the foregoing answers to the interrogatories indicated in this affidavit, and that he does so acting on such authority and authorization; that he has read over the foregoing answers and the same are true and correct. .^7 g_C.Lc GEO. A. WELLER -4- "7 ^ SUBSCRIBED AND SWORN TO BEFORE ME by the said Geo. A. Weller, to certify which witness my hand and seal of office this, T the /O ' day of October, A. D. 1970. NOTARY PUBLIC, JEFFERSON COUNTY, TEXAS ' CERTIFICATE OF SERVICE OUIDA L. SWOPE. Notary PuSUc la *a1 Xar Jeilcrsoa County. Texas I certify that a copy of the foregoing answers was served on the following attorneys by mailing a true and correct copy thereof to their respective offices on the / day of October, 1970. f Mr. Ward Stephenson Stephenson & Thompson Stephenson Building Orange, Texas 77630 Mr. Gerald P. Coley Vinson, Elkins, Searls & Connally First City National Bank Building Houston, Texas 77002 Mr. George E. Duncan P. 0. Box 3708 Bearaont, Texas 77704 Mr. Robert E. Barnes, Jr. P.0. Box 5098 Beaumont, Texas 77706 Mr. Gordon R. Pate Mr. Frank Bean Beaumont Savings Building Bean & Manning Beaumont, Texas 77701 500 Jefferson Building Houston, Texas 77002 Mr. W. N. Arnold, Jr. Fulbright, Crooker, Freeman, Bates & Jaworski Bank of the Southwest Building Houston, Texas 77002 Mr. Ben L. Reynolds Royston, Rayzor (c Cook 877 San Jacinto Building Houston, Texas 77002 Mr. Dale Dowell 707 Beaumont Savings Building Beaumont, Texas 77701 Mr. James W. Mehaffy, Sr. San Jacinto Building Beaumont, Texas 77701 Mr. Charles S. Pipkin P. 0. Box 1632 Beaumont, Texas 77704 Mr. John G. Tucker Orgain, Bell & Tucker Beaumont Savings Building Beaumont, Texas 77701 _^c--r2.2-2jz>^ : OF CpUNSEL -5- 3 V-