Document 5LGGqJZN8Yaa6wBD3wVde67r8

SENT BY:RUSSELL THOMAS & HALEY; 9-25-02 ; ; r.-iiauuLu, nuu:. FAIRCHILD, PRICE, RUSSELL, THOMAS & HALEY juvonrzzr at lu POST OUXCS DRAMS* 133S csrxn, TEXAS 73933-!l33S M09VtTL.M*OULIt jomuma cnomnasm. ml n. taunimuus cncmtEAur ntotiAsmuuus OATTUHH. HMJCT . MAAS WtUUHOSAM 7mmau>r 04vxd/nan September 25, 1992 msMKbmsuim fM4*SUT iusconxbmuM.na Aoniojrs amcnuxB MfM/u ABimufsBluerstir w ,w ibj Hr. Steven J. Kherkher UMPHKZY, WILLIAMS BAILEY 8441 Gulf Freeway, Suite 600 Houston, TX 77017 RZl CAUSE HUMBER 90-23333, MASTER ASBESTOS LITIGATION FZLB, HARRIS COUHTY, TEXAS Dear stave: As per Judge Brister's Order of last Friday, enclosed is response to Interrogatory Number 36 and Request for Production Number 1. Yours /very truly, WMT:nhm OtUHARKiwiaiwiKina on w. Hiller Thomas SEP-25-1992 13:20 409 533 7712 CAROL L DAVIS Court Reals HastnMisttn Cr ExNMNo. cT FAIRCHILD, PRICE, RUSSELL, THOMAS & HALEY mourns mx urn most oma JMurax i33t CSUNDt, IXZU 75JJ5-1JW Momatru rtmraan ' jomunutM otpnmssLA IT, HBUX TBMC4J c. naoMSAUT tUOMAS SAJUtB CULTTOM H. BAUT It, Hi,r WBJJHOBAAt TWAVtS OAJtDT OAmnsm nLEnum 4wsjM.jm September 25, 1992 AUTXOJtt DBtlCTLllfEiAAHft-W Auiuorstuner Mr. John E. Williams OMPHREY, WILLIAMS k BAILEY B441 Gulf Freeway, Suita 600 Houston, TX 77017-5001 BBS CAUSE DUMBER 90-23333, MASTER ASBEBT08 LXTIOATXOB Dear Mr. Williams; Enclosed you will find Defendants, J. T. Thorps Company's, Thorp* Insulation company's, Thorp* corporation's. Cactus construetion company's and Thorp* Products company, supplamantal Answ*ra to Plaintiffs' Interrogator!**. By copy of this latter 1 am providing the Clerk of the Court with two copies of the earns asking ah* file one copy among the original papers in this cause and return a file-marked copy of the same to this office in the envelope provided. If you have any questions, please do not hesitate to contact this office. WMTinbm Enclosures C t \HARXZS\MASTKR\MASTTR. 047 CERTIFIED XATL #P *77 401 281 RETURN RECEIPT REQUESTED Yours very truly, H:. W. Miller Thomas cc; Ms. Katherine Tyra District Clerk Harris county.Courthouse Houston, Texas 77002 cc: All known counsel or record SSP-25-1992 13:21 409 593 7712 P-CC CAUSE NUMBER: 90-23333 IN RE: ASBESTOS CASES S S^ 5 S S IK THE DISTRICT COURT HARRIS COUNTY, TEXAS RASTER ASBESTOS RILE rs. .T. T. THORPE COMPANY'S. THORPE INSOLATION COMPANY'S. THORPE CORPORATIONS. CACTUS CONSTRUCTION COMPANY'S AND THORPE PRODUCTS COMPANY'S. SUPPLEMENTAL ANSWERS TO PLAINTIFFS* INTERROGATORIES to: plaintiffs, by and through their ATTORNEY OF RECORD, JOHN E. WILLIAMS, JR., UMPHREY, WILLIAMS & BAILEY, 8441 GULF FREEWAY, SUITE 600, HOUSTON, TEXAS 77017-5001. NOW COMES J. T. THORPS COMPANY, THORPE INSULATION COMPANY, THORPE CORPORATION, CAOTOB CONSTRUCTION COMPANY AND THORPB PRODUCTS COMPANY, Defendants In the above-styled end numbered cause of action, and filas this their suppleasntal Answers to the Plaintiffs' Master Set of Interrogatories as shown on the attached pages. Respectfully submitted, C. VICTOR HALEY, TBA #08738400 V. MILLER THOMAS, TBA #19874500 FAIRCHILD, PRICE, RUSSELL, THOMAS 6 HALEY P. O. Drawer 1336 Center, Texas 75935-1336 (409)598-2981 FAX: (409)^^712 By: N. MILLER THOMAs, TBA #19874500 ATTORNEY FOR THE DEFENDANTS, J. T. THORPE COMPANY, THORPE INSULATION COMPANY, THORPE CORPOR&TIOH, CACTUS CONSTRUCTION COMPANY AND THORPE PRODUCTS COMPANY SEP-25-1992 13:21 409 59= 7712 f~ . J D p.ato of QimvTgg I haraby certify that a true and corract copy of tha foregoing instrument haa toaan deposited in a United states sail receptacle, certified sail, return receipt requested, on this tha day of September, 1992, addressed to Mr. John E. Willi was, Jr., UMPHREY, WILLIAMS t BAXLEY, 9441 Gulf Freeway, Suita 600, Houston, TX 77017- 5001. SEP-25-1932 13=22 405 555 7712 suppl: ., I A XNSWBRfl TO PZA3 i' MTttgqaMMfig 36. List all the job sites, contractors and/or facilities in the Gulf Coast area of Texas, inducing, but not limited to, oil refineries, chemical plants, ~power plants, shipyards, commercial buildings,- and manufacturing plants, where or to whom defendant's asbestos products were supplied, distributed, sold and/or used. Also, list which products were involved, the date or time period of such sale, distribution, use or installation and if known, the physical location within the facility listed. Alternative, you may produce the documents requested in Request far Production No. 1. ANSWXRI In addition to all objections mads by other Defendants, which these Dofendsnts hereby incorporate by reference. Defendants, J, T. Thorps company, Thorps insulation Company, Thorpe corporation, cactus Construction Company and Thorpe Products Company, specifically object to Plaintiffs' Interrogatory No. 36 tor tha reason that same requests information which ia Irrelevant, not reasonably calculated to lead to tha discovery of admissible evidence, not limited in time and scope and is overly broad, indefinite, overly burdensome and harassing. Subject to and without waiving the foregoing objections. Defendants would answer as follows: The named defendant, Thorpe Products Company, was incorporated on April 26, 1985, and never manufactured, sold or installed any nsbestos containing material. The named Defendant, Thorpe Corporation, was incorporated on Tabruary 11, 1983, and never manufactured, sold or installed any asbestos containing material. . Tha named Defendant, cactus Construction company, was incorporated on fabruary 4, 1969, and never manufactured, sold or installed any asbestos containing material. Without admitting oollectively or individually the sale of or exposure by any Plaintiff to asbestos containing material sold or instailed by tbo following Thorpo entities. Defendants, J.T. Thorpe Company and Thorpe insulation Company, would answer as follows: a) Thorps insulation company was a Texas Corporation from February 27, 1956, until it was dissolved on Karat 3i, 1961. it distributed insulation products from Kay 01, 1956, until December 31, i960. Zta primary geographical area af distribution was in tha Houston - Beaumont area. b) Thorpe insulation Company was Texas Corporation, from Deoamber 10, 1965, until it was dissolved on June 09, 1989. it distributed and installed insulation products SEP-25-1992 13=23 e <109 59S 7712 F.CCS. primarily in or around Corpus Christi, Texas* o) j. t* Thorpe company# a Texas corporation# by and through its unincorporated division# Thorpa Products Company# began on January 1# l*l# to distribute Insulation products prinarily in the Sobston - Beaumont area. d) J. f. Thorpe Coopany# a Texas Corporation# by and through its unincorporated division# Thorpa insulation Conpany# cron approximately 19 sa until Oaoaabor 10# isas# diatributad and installed insulation products in or around Corpus Christi# Texas* As far aa J* T. Thorpa Conpany and Thorpa Insulation Conpany, tho attached schedules are a listing of customers or job altos recreated to tho heat of said Defendants' current knowledge and information as to locations where insulation produets ware sold or installed. The Defendants, J. T. Thorpe Company and Thorpe Insulation Company# have not located supporting sales documentation to confirm if solos to the listed sites or austomars wars limited to asbestos containing products or whether sales included or were limited to non-asbestos containing products, except for purchase records of Bxxon Baytown for tho years 1949 through 1979 which are contained in the Master Exhibit List. Additionally# tho Defendants# J. T. Thorpa Company and Thorpe insulation Cospaay# are ettaaptiag to determine tho spooifio tine periods that said entities sold or installed insulation products to any of tho job sites or cuetosiars contained in the attached sohadulea# and the specific * asbestos insulation product and non-asbestos insulation product sold. said Defendants, J. T. Thorpe company and Thorpa Insulation Company# will supplement their answers hereto upon determining the existenoe of more specifio information and/or documents responsive to this inquiry. SEP-25-1992 13:24 409 535 7712 JOB flgraa - BBAOMOHT/FORT GROTTO/OftXMQB AREAS Gulf oil - Fort Arthur Dupont Chemical - Orange Gulf states Utilities '' Mobil Oil - Beaumont Mobil chemical - Beaumont Texaco Refinery - part Arthur " Jefferson Chemical * Port Keches Olln Mathieeon Temple Eaetex - Evadale Pure Oil Company - port Neches (Unocal) JOB SITES - KOPBTOM ABBA . Amoco Oil - Texas City s' Amoco Chemical - Alvin Arco Chemical - Channelviev Arco Refinery - Pasadena Champion Paper - Pasadena Diamond Shamrock Dow Chemical - Freeport /' Dow chemical - LaPorte Ethyl corporation Exxcr. - Baytown Houston Lighting ft Power Marathon Oil - Texas City Petrotex Chemical - Pasadena /-'Phillips Petroleum - Sweeney Rohm ft Haas Shell Oil ft Chemiaal - Deer Park Brown ft Root - Houston Cameron Iron Works /''Chevron Chemical - Baytown Oo' Stauffer Chemical /-'Monsanto - Texas city ^ Texas City Refinery Texas Gulf - Sulfur r' Union Carbide - Texas City JOB BITES - CORPUS CHRT8TT AREA Aluminum Company of America - Port Comfort Calanese - Corpus Christi Celanesa - Kingsville Central Power ft Light SEP-25-1992 13:26 409 553 7712 F.C29 VERIFICATION TKS STATS OF TEXAS $ COUNTY OF KARRIS $ Richard Rowland, being first duly sworn, on oath deposes and says that ha la a duly authorisad representative of J. T. Thorpo Coapaoy, Thorpe insulation Coapeny, Thorpo corporation, Caotus construotioa Coapeny and Thorpo Product Company, Dofondant in the ebove-entitled action; that ha has raad and ie qua! iflad to give aha foregoing rooponao to Answers to Interrogatorlea rand Knows the content thereof; that said answers ware prepared by and with the aseietanee of foraer saployaas and repreeentativea of J. T. Thorpe Conpany, Thorpe insulation coapany, Thorpe Corporation, Cactus Construction conpany and Tborpa Products conpany with the aaalstanoe and advice of courts*1, upon which he has relied; that the answers sac forth herein, subject to inadvertent or undiscovered errors, are based on and therefore necessarily United by, the records and information still in existence, presently rebollactd and thus far discovered in the course of' the preparation of these answers, that consequently J, T. Thorpo conpany, Thorpe Insulation conpany, Thorpe corporation, caotus construction company and Thorpe Product* Conpany reservo the right to sales any changes in the answers if it appears at any tine that osiaaiosa or errors have been made therein or that sore accurate information la available; and that subject to the limitation* set forth herein the said answers are true and correct. SUBSCRIBED AMD SWORN TO before me on this - SeptnOer __ 1992, to Cel seal os otrioe. 23rd day of SEP-25-1932 13=25 *09 558 7712