Document 5L993V7gBMw358KEK3OE33gg0

FILE NAME Synkaloid SYN DATE May 19 1989 DOC SYN030 DOCUMENT DESCRIPTION 1989 Legal - Defendant response to interrogatories NO 86-2385 JAMES DECKER AND NITA DECKER VS. ARMSTRONG WORLD INDUSTRIES ET AL INC IN THE DISTRICT COURT OF DALLAS COUNTY TEXAS 95TH JUDICIAL DISTRICT DEFENDANT SYNKOLOID'S ANSWERS TO PLAINTIFFS . FIRST SET OF INTERROGATORIES Comes now Defendant SYNKOLOID and files this its Answers to Plaintiffs First Set of Interrogatories as follows The information provided herein is based upon information presently available to the Synkoloid Company Since discovery and our investigation are still continuing this information is provided without prejudice to our presenting at a later time or introducing into evidence information obtained subsequent to the date these interrogatory answers are served The Synkoloid Company generally objects to these interrogatories insofar as they seek production of any information constituting a trade secret confidential financial data or confidential research development or commercial information 1. Please state the name address job title of each person who has supplied information used in answering these interrogatories ANSWER John P. Conroy Artra Group 500 Central Avenue Northfield Illinois 60093 Corporate Risk Manager William Reidy Artra Group 500 Central Avenue Northfield Illinois 60093 Frank Scanland The Synkoloid Company 5928 South Garfield Avenue Commerce Commerce Commerce Commerce California California California California 20040 Executive Vice President Lindberg Wong Control Chemist Synkoloid Company 5928 South Garfield Avenue Commerce California 90040 PLAINTIFF'S EXHIBIT SY 2. Please state whether or not you are a corporation if so please state your correct corporate name each state of incorporation the date of your incorporation and the address of your principal place of business ANSWER Yes The Synkoloid Company Colorado 1961 5928 South Garfield Avenue Commerce California 3. Defendant Please describe the corporate history of the ANSWER The defendant Synkoloid was incorporated in the state of Colorado in 1961 a Please state whether or not defendant has ever held a certificate of authority to do business or is otherwise licensed to do business in the state of Texas and has ever regularly conducted business in Texas ANSWER Investigation is continuing b If so please state the date or dates on which such certificate of authority and license was obtained and during which such business was conducted in Texas ANSWER See answer above 4 Please state whether or not defendant has purchased assumed or in any other manner acquired any of the assets and liabilities of any corporation or entity engaged in the mining of asbestos or the manufacturing marketing or distribution of containing products If so please identify the company whose assets and liabilities were acquired the date of each such acquisition and the manner of each such acquisition ANSWER Not to our knowledge 5 Please identify by trade and brand name every containing product manufactured by defendant from 1960 through the present Please state also product a The name of the company that manufactured the | b The date that defendant manufactured and sold the product please be sure to state whether the product was withdrawn from the market c A description of the chemical composition of the product including the type of asbestos i.e. amosite crysolite or crocidolite contained in the product and the percentage of asbestos contained in the product product d A description of the physical appearance of the e A description of the packaging of the product when sold by defendant including the dates each type of package was used and a description of any printed material or trademarks that appeared thereon f A description of the intended use of the product g Whether or not defendant made any changes in the product and if so the changes made and the dates of the changes h A description of warnings if any that appeared on the product or on the packaging of the product in the years 1960 , through the present ANSWER 1 Wall a The Synkoloid Company b 1961 to August 1975 . c Objected to as calling for trade secret information Without waiving said objection this product utilized 3.83 of No. 35 asbestos No. 35 asbestos asbestos in its compound contains only 5.26 crysotile Therefore this product contained only .201 crysotile asbestos d We believe this product was provided in powder form and was packaged in 5- and pound bags e The 5- and pound bags were brown or bleached white with product identification in black printing with the word Synko in red f It was designed to provide texture to walls g Objected to as calling for trade secret information as to any changes made after the removal of asbestos from the product Subject to this objection investigation is continuing h Investigation is continuing 2 Text a The Synkoloid Company b 1962 to approximately september 1975 c Objected to as calling for trade secret information Without waiving said objection this product contained approximately 4.89 of RF crysotile asbestos . d We believe this product was provided in powdered form and packaged in pound bags . e See 1 above f See f above g See g above h See h above Triple Duty Joint Compound The Synkoloid Company 1962 to approximately December 1975 Objected to as calling for trade secret information waiving said objections this product contained 5.98 02 crysotile asbestos Without of RF- We believe this product was provided in powder form and packaged in pound packages pound bags combination Some may have been mixed and pound in paste form also See e above We believe its purpose was to prepare walls of houses See g above See h above Topping The Synkoloid Company 1962 to approximately July 1975 Objected to as calling for trade secret information waiving said objection this product contained 5.98 crysotile asbestos Without RF We believe it was in powder form See e above We believe its purpose was to prepare walls of houses See g above See h above Prime N Fill The Synkoloid Company 1961 to approximately September 1975 Objected to as calling for trade secret information waiving said objection this product contained 4.83 crysotile asbestos Without RF We believe it was provided in powder form and packaged in 25pound bags See e above We believe its purpose was to fill voids rough block See g above See h above Hide The Synkoloid Company Approximately 1962 to approximately October 1975 Objected to as calling for trade secret information waiving said objection this product contained 5.98 crysotile asbestos Without RF Unknown although we liquid or paste form See d above believe this product was provided in as it was packaged in gallon cans We believe its purpose was to be a roof coating See g above See h above Plasti Bond The Synk^l^idCompany ~ an 1961 to approximately February 1976 Objected to as calling for trade secret information waiving said objection this product contained 1.22 crysotile asbestos Without RF d We believe this product was in paste form or what could be called a heavy liquid and was packaged in 1- and gallon ; cans e See d above f We believe its purpose was for resurfacing exteriors of houses g See g above Surface Conditioner The Synkoloid Company 1961 to approximately August 1976 Objected to as calling for trade secret information waiving said objection this product contained 2.24 Without RF crysotile asbestos d We believe it was provided in paste form or what could be called a heavy liquid and was packaged in 1- and gallon cans e See d above f We believe its purpose was to condition exterior walls for painting g See g above h See h above Vinyl Prep Mix a The Synkoloid Company b Approximately 1962 to approximately June 1977 c Objected to as calling for trade secret information Without waiving said objection this product contained approximately .4953 asbestos which was included in a 4 powder base d We believe this was provided in paste form and was packaged in 1- and gallon cans e See d above f We believe that the purpose was to prepare walls of houses g See g above h See g above 10 Patch 50 The Synkoloid Company 50 Approximately 1962 to August 1976 c Objected to as calling for trade secret information Without waiving said objection this product contained approximately .92 RF crysotile asbestos d We believe it was provided in paste form and packaged in 1quart and gallon cans e See 10 above . We believe its purpose was to prepare walls of houses specifically for exterior use to fill cracks in cement 59 See g above 59 See h above 11 Stucco N Cement Patch a The Synkoloid Company 1961 to approximately August 1975 c Objected to as calling for trade secret information Without waiving .81 of said objection this product contained approximately No. 35 asbestos No. 35 asbestos contains only 5.26 percentage of chrysotile asbestos contained only .04 asbestos Therefore this product We believe this was provided in powder form and packaged in 3.5- and 6.5 pound packages and pound bags See e above We believe its purpose was to patch stucco an exterior product that was a counterpart See g above and cement It to Patch was See h above Add The Synkoloid Company 1961 to approximately December 1975 Objected to as calling for trade secret information Without waiving said objection this product contained 57.14 of No. 35 asbestos No. 35 asbestos contains only 5.26 asbestos Therefore this product contained only asbestos crysotile 3.0 d We believe it was provided in powder form This product was e packaged See in pound packages and pound bags e above f We believe its purpose was to be added to g See g above paint for texture h See h above 13 Prime N Seal The Synkoloid Company 1961 to approximately August 1976 Objected to as calling for trade secret information cwrayisvoitniglesaaidsboebsjteocstion this product contained 1.83 Without PF We believe it was provided in paste or was packaged in 1- and gallon cans See 13 above heavy liquid form and We believe this product was for use on exterior walls to Sceoendition them counterpart to surface conditioner g above See h above Kool The Synkoloid Company Approximately 1965 to approximately January 1976 Objected to as calling for trade secret information waiving said objection this product contained chysotile asbestos 4.10 Without RF We believe it was provided in liquid form and 1- and gallon pails was packaged in Investigation is continuing We believe its purpose was to be a roof primarily in the mobile home industry See g above coating used See h above Vinyl Wall The Synkoloid Company . Approximately 1972 to approximately January 1976 Objected to as calling for trade secret information waiving said objection we do not what Without product contained percentage of this asbestos although we believe it contained less No. 35 asbestos than Wall mentioned above Basically this was the paste form of Wall d We believe it was provided in paste form and and gallon pails packaged in 1- e See 15 above g f SWeee beg lieveabiotvse purpose was to provide texture to walls h See h above 6. Prior to releasing the products listed in Interrogatory No. 5 to the public for sale were any tests conducted on same to determine potential health hazards involved in the use of materials contained therein a If so state 1 Name address and job classification of each individual who conducted such tests 2 3 The results of such tests The person in possession of these documents 4 Were any design changes made because of these tests If so explain what design changes were made ANSWER Unknown at present time due to lack of records of personnel etc. Investigation is continuing turnover 7 Identify by name job title and current address each and every individual ever employed by defendant who had responsibility for the sale and distribution of asbestos- containing products Indicate also the dates that each such individual had such responsibility ANSWER Sidney Burgeson was general manager of the plant from approximately 1967 to 1977. He is presently employed by the W. W. Henry Company 5608 Soto Street Huntington Park California 90255 213 583-4961 Dewitt House was a sales manager for the Synkoloid from approximately 1963 to 1980. He is presently employed by the W. W. Henry Company 5608 Soto Street Huntington Park California 90255 213 583-4961 The name and current address of other individuals are unknown due to lack of records turnover of personnel etc. Investigation is continuing 8. Does defendant claim containing products that plaintiff . misused their a If so please explain how plaintiff misused the containing products ANSWER Unknown at this time Defendant reserves its right to claim that plaintiff misused their containing products if such misuse is revealed during discovery 9 Identify each and every distributor defendant sold their containing products to in Louisiana Texas Oklahoma and Illinois from 1962 through 1981 ANSWER Objection as overbroad immaterial irrelevant and not calculated to lead to the discovery of admissible evidence A further objection is made that the information is proprietary and calls for the disclosure of trade secrets Without waiving these objections we believe that the Synkoloid Company distributed the products themselves with their own sales people DATED this 9th day of May , 1986 THE STATE OF COUNTY OF Illinois ) ; ) Cook ) Py Py BEFORE ME the undersigned authority on this day personally appeared John Conroy to me well known to be a credible person and qualifed in all respects to make this Affidavit who being by me duly sworn upon oath says That he has read the foregoing Defendant Synkoloid's Answers to Plaintiffs Second Set of Interrogatories designed to be used in the cause of James Decker et al vs. Armstrong World Industries Inc. et al in the 95th Judicial District Court of Dallas County Texas and knows the contents and that he is the Corporate Risk Director thereof in such cause that such answers are in he has authority to make this Affidavit every respect true and correct and r that Jalus -- Jalus JOHN Corporate Corporate 9th SUBSCRIBED AND SWORN TO before Corporate Risk CONROY DrRECTOR , on this certify which witness my hand and seal by the said JOHN P. day of MAY of office MAY + 1986 to . Feb My commission expires Feb 18 1989 . French Notary Public S. S. in and for .. the State of LLINOIS . CERTIFICATE OF SERVICE This is to certify on this 19 day of may may , 1986 a true and correct copy of the above and foregoing instrument was this date mailed to Plaintiff counsel via certified mail Ms. Lisa A. Blue 8333 Douglas Avenue 10th Floor Dallas Texas 75225 and to all other counsel of record via regular mail Respectfully submitted LANCASTER SMITH Bar VAN Card SHAW 18755000 Bar Card 18140500 SMITH 810 S. SMITH and SMITH LAW St. Paul at Cadiz OFFICE Dallas Texas 75201 747-1546 ATTORNEYS FOR DEFENDANT SYNKOLOID