Document 5bdDL28MN2wQx9bEyno9JjLx4

IN THE COURT OF COMMON PLEAS BUTLER COUNTY, OHIO ROGER DALE BLAKE, et al., Plaintiffs, CASE NO. CV96 01 0191 (ELLIOTT, I) VS. A-BEST PRODUCTS COMPANY, et al. Defendants. ICF KAISER ENGINEERS INC.'S SUPPLEMENTAL ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES PROPOUNDED TO DEFENDANT ICF KAISER. INC. TO: Defendant, ICF Kaiser, Inc, by and through its counsel of record, Kevin O. Kadlec, Bonezzi Switzer Murphy & Polito Co, LPA, Leader Building, Suite 1400, 526 Superior Avenue, Cleveland, OH 44114-1491. Defendant is hereby requested to answer under.oath the interrogatories numbered 1 to 58, inclusive, as shown below, within ninety (90) days ofthe time service is made upon the Defendant, in accordance with Ohio Civil Rule 33. INSTRUCTIONS 1. Answer each interrogatory separately and fully in writing under oath, unless it is objected to, in which event the reasons for objection must be stated in lieu of answer. 2. An evasive or incomplete answer is deemed to be a failure to answer under Ohio Civil Rule 37(A). PLAINTIFFS1 MASTER SET OF INTERROGATORIES - PAGE 1 N:\OHIO\BUTLER\ROG.DEF 3. Each Defendant is under a continuing duty to seasonably supplement its response with respect to any question directly addressed to the identity and location ofpersons having knowledge of discoverable matters, and the identity of each person expected to be called as an expert witness at trial and the subject matter on which he or she is expected to testify. Furthermore, each Defendant, pursuant to Rule 26(E) ofthe Ohio Rules, is under a similar duty to correct any incorrect response when the Defendant later learns that it is incorrect, including in such supplemental answer the date upon and manner in which such further or different information came to each Defendant's attention. 4. Unless otherwise specified, each of these interrogatories are meant to apply to the time period from 1920 until the present. 5. Should the Defendant assert a privilege with respect to any information, defendant is requested to provide the following as to each such document or item ofinformation: (1) The type of document or information (e.g., letter, notebook, telephone conversation, etc.), (2) The date ofthe document or transaction involving the information; (3) Identification of the author and/or all participants with respect to the information; (4)' Identification ofthe signatory or signatories ofthe document, if any; (5) Identification ofthe document's current custodian; (6) The present whereabouts ofthe document and/or the names of all persons with personal knowledge with respect to the information; and PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 2 N:\OHIO\BUTLER\ROG.DEF (7) A statement ofthe grounds on which the claim of privilege rests with respect to each-such document or piece of information withheld. 6. Ifyour answer states that the Defendant is undertaking an investigation ofthe subject matter ofthe interrogatory, state when the investigation began, what steps comprise the investigation and what documents are being reviewed as part ofthe investigation. 7. The following terms are defined as follows for the purpose ofthese interrogatories: DEFINITIONS As used in this set ofInterrogatories and Request for Production, the following terms mean: 1. The words "Defendant," "You," "Your," "Your company," all mean the corporate Defendant separately answering these Interrogatories, and any ofits merged, consolidated, or acquired predecessors, divisions, subsidiaries, foreign subsidiaries, foreign subsidiaries of predecessors, and/or affiliates. This includes, but is not limited to, those known to have mined, manufactured, sold, marketed, utilized or distributed asbestos or asbestos-containing products or that incorporated asbestos or asbestos-containing products at any work site. This definition includes present and former officers, directors, servants, agents, employees, and all other persons acting or purporting to act on behalf ofthe corporate Defendant or its predecessors, subsidiaries, and/or affiliates known to have mined, manufactured, sold, marketed, utilized or distributed asbestos or asbestos-containing products'! "Predecessors" further means any business firm, whether or not incorporated, which had all or some of its assets purchased by you or came to be acquired by you whether by merger, consolidation, or otherwise known to have mined, manufactured, sold, marketed, utilized, or distributed asbestos or asbestos-containing products. PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 3 N:\OHIO\BUTLER\ROG-.DEF "Subsidiaries" further means any business firm, whether or not incorporated, which is or was in any way owned or controlled, in whole or in part by Defendant or its predecessors and which is known to have mined, manufactured, sold, marketed, utilized or distributed asbestos or asbestoscontaining products. 2. "Document" includes, but is not limited to, correspondence, letter, memoranda, message, note, report, cable, telegram, photograph, film, tape, and all other written communications of every kind and character; note, recording disk, or any other record of oral communication; microfilm; worksheet; schedule; exhibit; demonstrative aid; letter; contract; agreement; deeds, bills of sale, deeds oftrust, security agreements, leases and other instruments or documents oftitle; maps; diagrams; logs; summaries; printouts; graphs, charts; compilations, tables; publications; manuals; minutes; by-laws; articles of incorporation; resolution; shareholder ' endorsements; partnership documents; minute books, diaries; calendars, bank statements, tax returns; lists; tapes, video tapes; and any other data compilations from which information can be obtained and translated. 3. "Identify" means to give the date, title, origin, author, and addressee to enable plaintiffto retrieve it from a file; and further, identify means to give the name, address, position, title, and whether a person is employed or not employed by the Defendant. 4. The words "person" or "persons" include natural persons, firms, partnerships, associations, joint ventures, corporations, and any other form ofbusiness organization or arrangement, and officers, directors, shareholders, employees, agents, and contractors of any business organization or arrangement. PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 4 N:\OHIO\BUTLER.\ROG.DEF 5. The words "meeting" or "meetings" may mean any coincidence or presence of any persons, whether or not such coincidence or presence was pre-arranged, was formal or informal, or was in connection with some other activity. 6. The words "describe" or "description", when referring to a place, thing, or occurrence, mean to identify with sufficient particularity the place, thing, or occurrence so as to enable one to locate, examine and fully comprehend or understand the place, thing, or occurrence described. 7. The words "product containing asbestos fibers," "asbestos-containing products," "asbestos products" all refer to any products or materials prepared in any way for sale and/or distribution that contained any kind of asbestos in any possible form. The words "asbestos materials" refer to any and all materials, substance, or matter used or assembled or fabricated during the manufacture of a product, and that contain at least some asbestos fibers. "Product" includes, but is not limited to, pipecovering, turbines, cement, block, gaskets, packing, plaster, joint compound, floor and ceiling tiles, mastics, boilers, raw fibers, fireproofing, shingles, panels, sheets, boards, millboard, refractory cement, boilers, firebrick, brake and clutch linings, finishing compound, texture, and other construction, building, drywall, lath and insulation materials. 8. The words "design changes," and "modifications" mean alterations in the makeup and/or components of a particular product, including but not limited to, variations in the amount or type of asbestos used in the process of manufacturing the product. 9. The words "distribute," "distributed," "distributor," and "distribution" all refer to the sale, marketing, dispersal and/or shipment of asbestos-containing products for purposes of I their sale, resale and/or for purposes offilling orders provided by other business concerns. The PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 5 N:\omoVBUTLER\ROG.DEF word "distributor" specifically refers to a company or its sales representatives, whether dependent or independent, responsible for sales or marketing of products. 10. The words "marketed," and "market" mean and include all efforts to assist in the distribution and/or sale of products. More generally, these terms refer to only efforts on your part or the part of manufacturers or distributors to sell or otherwise distribute products. 11. The words "medical advisory capacity" refer to the duties, abilities or capabilities of any member ofDefendant's staff, or any individual or organization who has contracted with Defendant, to provide services of a medical nature, including but not limited to providing medical advice. 12. The words "trade organization," or "trade association" mean any organizations or associations of business or industrial entities that are associated and/or meet for the purpose of achieving common goals and/or exchanging information related to common needs or interests, and/or learning information or facts ofinterest to the various members ofthe organization or association. 13. The word "plant" means a manufacturing or assembly facility where products are assembled, manufactured, constructed, fabricated, or where component parts, materials, substances, or matter of such products are fabricated, assembled, or manufactured or are prepared for further fabrication and/or assembly. 14. The word "manufacture," or "manufactured" means to fabricate, to construct, to assemble, prepare for fabrication or assembly, or any other action taken prior to completion ofthe product or material before the time of its shipment. PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 6 N:\OHIO\BUTLER\ROG.DEF 15. The words "sales materials," or "written sales materials" mean any and all documents or literature of a promotional nature that were created or printed for the purpose of assisting in the marketing or distribution ofthe products. Such documentation may include, but is not limited to, sales invoices, order slips, and other written indicia of orders received and sales made. 16. The words "rebranding agreement" mean an agreement ofany kind whereby one party to the agreement is provided products by the other party to the agreement and the agreement contemplates that the first party will place the brand name ofits choice upon the products, either by repackaging or otherwise, and then proceed to sell, market, distribute and/or place the product in the stream of commerce, utilizing its new brand name. 17. The words "research" and "research department" refer to efforts, whether scientific or otherwise, to develop new and/or different types of products, processes or designs ofpre existing products and is meant to incorporate all efforts that specifically contemplated the possible alteration ofproducts. 18. The words "medical department" refer to an individual or a section or group of individuals working for Defendants, either directly or in a contractual capacity, whose purpose was or is to provide guidance, assistance, or advice concerning any aspects of medical health, including but not limited to, the safety ofDefendant's workers and the safety ofindividuals using products manufactured by the Defendant. 19. The words "industrial hygiene surveys" mean surveys, tests, interviews, or other procedures taken or effectuated for the purpose of determining air quality, air contamination, dust content, safety of a facility or hazards at any site or facility. PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 7 N:\OHIO\BUTLER\ROG.DEF 20. The words "health hazards," or "potential health hazards" refer and relate to any injury, effect, damage, scarring, wound, impairment or disability of any part ofthe human anatomy, including but not limited to the lungs and lung linings. 21. The terms "test" and "testing" are used in their broadest sense, including but not limited to, studies of atmospheric dust samples, studies ofthe concentration of asbestos in such airborne test samples, studies ofthe lung conditions ofworkers (by x-ray or other means of medical surveillance), pulmonary function studies of workers, animal studies, pathological studies, industrial hygiene studies, risk assessment studies, cost-benefit analyses and any other studies on the product concerning health and safety required by any governmental agency. GENERAL OBJECTIONS 1. ICF Kaiser Engineers, Inc. objects to the Plaintiffs' interrogatories to the extent that they seek information concerning products other than those products to which Plaintiff has alleged exposure and, therefore, seek information which is wholly irrelevant to the subject matter ofthis action and not reasonably calculated to lead to the discovery of admissible evidence. 2. ICF Kaiser Engineers, Inc. objects to the Plaintiff's interrogatories to the extent that they seek "corporate knowledge" as it is impossible for ICF Kaiser Engineers, Inc. to set forth the collective knowledge ofall ofits past or present employees. ICF Kaiser Engineers, Inc. reserves the right to revise, correct, supplement and/or amend its answers contained herein. 3. ICF Kaiser Engineers, Inc. asserts the following objections and incorporates each by reference into each and every answer to Plaintiff's interrogatories set forth herein: PLAINTIFFS1 MASTER SET OF INTERROGATORIES - PAGE 8 N:\OHIO\BUTLER\ROG.DEF (a) Defendant asserts the right to object on the grounds of competency, privilege, relevancy, materiality, or any other proper ground, to the use of any said answers for any purpose, in whole or in part, in any subsequent step or proceeding in this action or any other action. (b) Defendant asserts the right to object on any other ground, to other interrogatories or other discovery procedures involving or relating to the subject matter of the interrogatories answered herein. (c) Defendant asserts the right to at any time revise, correct, supplement, or clarify any ofthe answers or objections set forth herein. 4. ICF Kaiser Engineers, Inc. objects to the instructions and definitions as outlined in the Plaintiff's interrogatories as overly broad, burdensome and not reasonably calculated to lead to the discovery of admissible evidence. ICF Kaiser Engineers, Inc. further objects to the instructions and definitions as set forth by the Plaintiffin that the definitions contain meanings and defined terms consistent with the Plaintiff's, and not this Defendant's, interpretation ofthese defined terms and/or phrases. 5. ICF Kaiser Engineers, Inc. reliance on the protection afforded it in Civil Rule 33(C) should not be misconstrued to be an admission that it bought, sold, supplied, marketed distributed or installed asbestos-containing products at any jobsite; or any other admission whatsoever, CORPORATE NAME 1. For each Interrogatory below, please state the name and last known address of each person answering it, including whether he/she is employed by Defendant and if employed by Defendant include job title, length oftime employed by Defendant and a year by year list of all other positions, titles, or jobs held when working for Defendant. ANSWER: Bruce E. Allen, Assistant General Counsel PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 9 N:\OfflO\BUTLER\ROG.DEF /&*+- M UA~ un. Construction Labor Counsel - 1978 to 1985 Senior Corporate Counsel - 1985 to 1993 Assistant General Counsel -1995 to present 1.1 Please identify all documents used, related to, or referred to in connection with the preparation of or answers to these Interrogatories and state the number ofthe Interrogatory and its subpart to each such document. ANSWER: Please see response to Plaintiffs' Requests for Production of Documents, in addition, Interrogatory No. 2 was answered based on a review of the corporate history document. 2. Please state whether or not Defendant is a corporation. If so, please state: ANSWER: Yes (a) Your correct corporate name; ANSWER: ICF Kaiser Engineers, Inc. (b) The state ofyour incorporation; ANSWER: Ohio (c) The address ofyour principal place ofbusiness; ANSWER: 930 Lee Highway, Fairfax, Va. 22031 (d) Your registered agent for service in the state of Ohio; ANSWER: CSC United States Corporation Company (e) For each Defendant claiming that this Court lacks personal jurisdiction, list year by year the total amount ofincome received by the Defendant from entities in Ohio, any and all years that Defendant, as defined, has been licensed to do business in Ohio, and any real property owned at any time by Defendant or its present or past subsidiaries. PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 10 N:\OHIO\BUTLER\ROG.DEF ANSWER: N/A 3. State Defendant's complete corporate or business history, including dates of incorporation, mergers, consolidations, reincorporations, and the like. Also provide historical information regarding all predecessors, prior names, asset purchases, acquisitions or spin-offs. In addition: a. if defendant or any of its predecessors or subsidiaries at any time purchased, assumed, or in any other manner acquired ANY ofthe assets and/or liabilities of any corporation or entity at any prior time engaged in any aspect ofthe placing of asbestos containing products into the stream of commerce or the insuring of asbestos related risks, then please state the following as to each acquisition: b. the name or description of each corporation, entity or assets acquired by Defendant, that entity's state of incorporation and principal place ofbusiness, its . date ofin/corporation, and the name ofDefendant at the time of acquisition; c. the manner by which each such corporation, entity or interest therein, was acquired (e.g., merger, consolidation, change ofname, stock sale, transfer or purchase of assets or product line); d. the date of each such acquisition; e. the state in which each such acquisition was effected; f. the state law governing each such acquisition if specified by contract; g. whether Defendant became legally responsible for the past torts ofeach such corporation or entity; PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 11 N:\OfflO\BTJTLERVROG.DEF Vl*>1 - h. ANSWER: a. identify each document reflecting or related to the history and/or transaction^) set forth in answer to this Interrogatory. Prior to 1977, ICF Kaiser Engineers traditionally performed its engineering services through a division of Henry J. Kaiser Company, and later its successor, Kaiser Industries Corporation. At all times relevant to this inquiry, the work was accomplished through the ICF Kaiser Engineers Division of Kaiser Industries Corporation. On December 12,1963, Kaiser Industries Corporation purchased an Ohio Corporation, Firebrick Engineers, Inc., from Kaiser Aluminum & Chemical Corporation. At the time of purchase, this company was renamed Kaiser Engineers, Inc. Because of its Ohio citizenship, Kaiser Engineers Inc. was selected to perform Project 600 for Armco Steel in Middletown, Ohio . In 1977, pursuant to a voluntary liquidation agreement, Kaiser Industries Corporation agreed to sell the assets of its Kaiser Engineers Division to Raymond International, Inc. Among those assets was Kaiser Engineers Inc. Raymond then made Kaiser Engineers Inc. its main operating company for its newly acquired ICF Kaiser Engineer's assets. On July 30,1982, Kaiser Engineers Inc. was renamed Raymond Kaiser Engineers Inc. On December 20,1985, the company was renamed Kaiser Engineers Inc. The company was again renamed on July 10,1989 to its present name of ICF Kaiser Engineers Inc. b. Engineering and Construction Group of Koppers Company, Inc. c. Purchase of assets and properties. d. April 24,1984. e. Pennsylvania. Pennsylvania, g. No. PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 12 N:\OHIO\BUTLERVROG.DEF h. Purchase Agreement between Koppers Company, Inc. and Raymond Kaiser Engineers, Inc. dated April 24,1984. 4. Please state whether or not the Defendant has purchased, assumed, or in any other manner acquired any ofthe assets and/or liabilities of any corporation or entity (such corporations or entities being limited to those engaged in the mining, selling, manufacturing, marketing or distribution of asbestos-containing products.) If so, please state the following: a. the name or description of each corporation, entity or assets acquired by Defendant, its state of incorporation and principal place ofbusiness, its date of incorporation, and the name ofDefendant at the time of acquisition; b. the manner by which each such corporation, entity, or interest therein, was acquired (e.g. merger, consolidation, change ofname, stock sale, transfer or purchase of assets or product line); c. the date of each such acquisition; d. the state in which each such acquisition was effected; e. the state law governing each such acquisition if specified by contract; f. whether Defendant became legally responsible for the past torts of each such corporation or entity; g. whether the acquisition concerned asbestoscontaining products. ANSWER: Not to the knowledge of defendant ICF Kaiser Engineers, Inc.. 4.1 For each corporation, other than the answering defendant ("the entity"), that has at PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 13 N:\OHIO\BUTLER.\ROG.DEF any time in the past been involved in the placing of asbestos containing products into the stream of commerce for which officers oftheanswering defendant's corporation have also served as officers, directors or served in any managerial position while employed by the answering defendant, state: a. the name ofthe entity involved in the placing of asbestos products into the stream of commerce; b. the manner in which the entity was involved in the placing of asbestos containing products into the stream of commerce (i.e., mining, milling, manufacturing, distributing, installing, rebranding, etc.); c. the specific products placed into the stream of commerce by the entity year by year and by brand or trade name; d. the name, positions and a brief description ofthe responsibilities ofthe person or persons serving the answering defendant and the entity simultaneously including the positions held with the entity and with the answering defendant. ANSWER: N/A EVER SELL ASBESTOS 5. Has Defendant ever engaged in the mining, manufacturing, selling, marketing, installation or distribution of asbestos-containing products? If so, please state the following: (a) The name ofthe company engaged in the activity (whether it is Defendant, Defendant's predecessor, or Defendant's subsidiary); (b) As to each product mined, manufactured, sold, marketed, installed or distributed, please state the following: PLAINTIFFS1 MASTER SET OF INTERROGATORIES - PAGE 14 N:\OfflO\BUTLER\ROG.DEF 1. The trade or brand name. 2. Its identification number (model, serial number, etc.). 3. The time period it was manufactured, mined, marketed, distributed or sold. 4. Its physical description including color, general composition, and form. 5. A detailed description of its intended use and purpose. 6. A detailed description ofthe type package in which it was sold, listing the dates of each type of package used, a physical description ofthe package, and a description of any printed material or trademarks that appeared thereon. 7. The percent of asbestos which it contained. 8. The percent of asbestos by asbestos type (amosite, crocidolite, tremolite, anthophyllite). (c) The time period during which each of these products were on the market; (d) The material components/ingredients of each such product, giving specific or approximate percentage both by weight and by volume of each material component/ingredient (this interrogatory is not limited to the asbestos component ofthe product but seeks information as to the nature, weight and volume of non-asbestos ingredients, as well) of each such product; (e) How each ofthese asbestos-containing product can be distinguished from those of competitors; (f) ' A description ofthe physical appearance of such product; (g) A detailed description ofthe intended uses. ANSWER: (a) ICF Kaiser Engineers, Inc. is a design, engineering and construction company whose involvement in this litigation is based solely on plaintiffs' allegations related to the construction of industrial facilities located at Armco Steel in Middletown, Ohio. ICF Kaiser Engineers, Inc. never manufactured, sold, marketed or distributed PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE IS N:\OHIO\BUTLER\ROG.DEF $ V *. W* * asbestos containing products. ICF Kaiser Engineers, Inc.'s only potential involvement in this litigation is the possibility, that as a general contractor, it specified in conjunction, with Armco Steel Corporation asbestos containing products, if any, to be installed primarily by subcontractors, during the construction and modernization of the Armco Middletown Steel mill more than 30 years ago. As with all construction specifications, it is also likely the specifications written or adopted by ICF Kaiser Engineers, Inc. either allowed the successful bidder subcontractor to choose among a range of products or were subject to change based upon the recommendations of the successful bidder subcontractor. It cannot be determined at this time what, if any, asbestos containing products were actually installed during construction of any of the various industrial facilities at Armco when completed during any relevant time period. At this time it is unknown if ICF Kaiser Engineers, Inc. installed any asbestos containing construction materials at the Armco Middletown Steel Works. In accordance with Ohio Civil Rule 33(C) the answer to this interrogatory may be derived from the business records which have been produced in this litigation, for copying and inspection to the Plaintiffs' attorneys. (b) through (g): N/A. 6. Does Defendant or any ofits subsidiary companies claim that any patent would cover any product listed in answer to Interrogatory No. 5? If so, please state the following: (a) The date of each patent; (b) The date same was issued; (c) The number of each patent application that is pending. ANSWER: N/A. PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 16 N:\OHIO\BUTLER\ROG.DEF 7. Have any of the products listed above in answer to Interrogatory No. 5 been altered in chemical composition since first being marketed? If so, please state the following: (a) The trade name of each such product; (b) The date each such product was altered; (c) The nature of the alteration; (d) The reason for the alteration. ANSWER: N/A. 8. Have any ofthe asbestos-containing products listed in response to Interrogatory No. 5 ever been marketed, distributed, packaged, labeled, and/or sold by any other company or business? If so, please state the following: (a) The name and address of each such company. (b) The names and address ofDefendant's distributors in Ohio and Illinois since 1940. (c) The date of each sale. (d) The name ofthe person at each location with whom you primarily dealt. (e) A list of all asbestos-containing products that you sold to each location from 1945 to 1980. (f) The amount of each asbestos product sold to each location during this period. (g) Please identify all documents relating to this distributor for the particular location. PLAINTIFFS1 MASTER SET OF INTERROGATORIES - PAGE 17 N:\OffiO\BUTLER\ROG.DEF ANSWER: N/A. 8.01 Has this defendant ever purchased asbestos containing products from any other defendant? ANSWER: To the best of defendant's knowledge at this time, it has not purchased any asbestos containing product from any co-defendant. 8.02 Ifthe answer to the preceding Interrogatory is yes, please state the following: (a) name each defendant from whom this defendant purchased any asbestos containing product; (b) list each product purchased from each co-defendant; (c) list the dates of each purchase of asbestos-containing products from each co-defendant. ANSWER: See answer to Interrogatory No. 8.01. 8.03 Has this defendant ever sold asbestos containing products to any other defendant? ANSWER: No. 8.04 Ifthe answer to the preceding Interrogatory is yes, please state the following: (a) name each defendant to whom this defendant sold any asbestos containing product; (b) list each product sold to each co-defendant; PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 18 N:\OfflO\BUTLER\ROG.DEF (c) list the dates of each sale of asbestos-containing products to each co-defendant. ANSWER: N/A. 8.05 Has Defendant engaged in the manufacture and/or sale and/or distribution and/or marketing and/or supply and/or purchase and/or use ofnon-asbestos-containing products for use in connection with temperatures above 125 Fahrenheit since 1930. If so, please state: (a) the date such activity began; (b) the years during which such activity took place; (c) the date when such activity was terminated; (d) if such activity was terminated, the reason(s) why; (e) the geographical area into which you claim the product(s) were sold, purchased, or used; \ (f) identify the organizational unit of defendant so engaged; (g) the site(s) at which each such product was manufactured; (h) the material components of each such product, giving specific or approximate percentage both by weight and by volume of each material component of each such product; (i) the temperature ranges for which each product(s) was intended to be used; (j) the product's generic name; (k) the product's trade or brand name; PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 19 N:\OHIO\BUTLER\ROG.DEF h 4v sfd .&({ <2/4- d (l) the container in which the product was shipped (i.e., paper bags, cardboard boxes) including the size and amount of the container; (m) a description of any logos, writing impressions or identifying markings which appeared on the product, as well as a description of the package used, the dates that type ofpackage was used, and any logos, product names, trademarks, etc. which appeared on the package; (n) whether the words "non-asbestos" or "asbestos free" were used on the package; (o) a detailed description ofthe intended method of preparation and application ofthe product; (p) a description ofthe physical appearance ofthe product, including size, shape, color and texture. ANSWER: OBJECTION. Overbroad, burdensome, unlikely to lead to discoverable evidence, and immaterial to this asbestos claim. Without waiving this objection defendant states that since.1984 it has been engaged in the sale and/or. distribution and/or marketing and/or supply of non-asbestos products for use in connection with temperatures above 125 Fahrenheit. This activity is still ongoing and includes an exclusive arrangement with the Anshan Coke & Refractory Engineering Institute in Anshan, China for the supply of silica and clay brick for use in coke ovens and blast furnaces. The percentages of materials used in the manufacture of these bricks is unknown. Defendant also does not know: 1) the temperature ranges for which they are intended to be used, 2) the type or types of containers in which they are shipped, 3) a description of any writing, logos, or other identifying markings, or 4) whether the words "non-asbestos" or "asbestos free" are used on their packaging. The configuration of use for these products varies upon site conditions. Although the product is shaped like a brick, defendant does not know either the size or color of these bricks. In addition to the foregoing, ICF Kaiser Engineers, Inc. has also been, since 1984, engaged in the sale and/or distribution and/or marketing and/or supply of non-asbestos containing products for use with temperatures over 125 Fahrenheit manufactured by Koppers Refractory Materials of PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 20 N:\OHIO\BUTLERVROG.DEF Carrolton, Ohio. These products include: 1) Supercast SO for oven doors, standpipes and bases, 2) Koppers Fireklay, 3) Insulating Castables, 4) Abrasion Resistant Castables, 5) Coke Oven Sealer Dust, 6) Gooseneck Lid Seal, and 7) Charging Hole Lid Seal. Beyond this information, responding defendant knows nothing further about these products at this time. 8.06 Did Defendant ever market or distribute any asbestos-containing product manufactured in whole or in part by someone else? If so, please state the following for each such product: (a) the name and address ofthe manufacturer; ' (b) the product's trade and brand name; (c) the organizational unit ofDefendant who did so; (d) date(s) beginning, ending and during which the marketing or distributing took place; (e) whether the product was distributed through the same channels as those used for products manufactured by Defendant, and if not, please explain the exact channels of distribution; (f) identify all documents relating the marketing or distribution. ANSWER: No. 8.1 Does Defendant have reason to believe that any of the asbestos-containing products listed in response to Interrogatory No. 5 were used at any ofthe sites listed on Exhibit A, attached hereto. Ifyour answer is "yes", please state: (a) The basis ofyour answer. (b) Please state which ofDefendant's asbestos-containing products listed in Interrogatory No. 5 were used at eachjob site listed on Exhibit A. ANSWER: N/A. PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 21 N:\OHIO\BUTLER\ROG.DEF Pt d ,M'aV' ?. / 8.2 For each company or business that Defendarit knows may have marketed, distributed, installed, and/or sold, those products listed in response to Interrogatory No. 5, please state the following as to each job site listed on Exhibit A. (a) The name and address of each such company; ANSWER: None. (b) The date of each sale from Defendant to such other company; ANSWER: None. (c) The name ofthe person at each other company with whom Defendant primarily dealt. ANSWER: None. (d) Names and quantities ofthe asbestos-containing products that you marketed, distributed, installed, and/or sold to each such company from 1950 to 1974. . ANSWER: ICF Kaiser Engineers, Inc. did not manufacture, market, distribute, and/or sell any asbestos containing products to another company. Kaiser objects to responding to any inquires regarding Exhibit "A" in the Butler County Litigation since Plaintiffs' attorneys have stated that all Butler County Plaintiffs worked at Armco Steel Middletown or Hamilton Works. Kaiser objects to the insertion of the word installed in this interrogatory as it is it is incomprehensible in its context, especially since Kaiser never marketed, distributed, or sold an asbestos containing product. To the extent that this interrogatory is redundant to Interrogatory No. 5, regarding "installation" see Answer to Interrogatory No. 5. (e) Please identify all documents relating to the sales to each such company. ANSWER: None. 8.3 Ifyou do not know any business that may have marketed, distributed, installed, PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 22 N:\OHIO\BUTLER\ROG.DEF and/or sold the products listed in response to Interrogatory No. 5 to any of the job sites listed on Exhibit A, please state the names and last known addresses of those companies who Defendant knows marketed, distributed, installed and/or sold their asbestos-containing products in Ohio from 1950 to 1974. For each ofthose companies, please state the following: (a) Name and address of each such company; (b) The dates of each sale from Defendant to such other company; (c) The name ofthe person at each other company with whom Defendant primarily dealt; (d) The names of the asbestos-containing products that Defendant marketed, distributed, and/or sold to each such company from 1950 to 1974. ANSWER: N/A. 8.4 Does Defendant have records and/or any knowledge that reflects sales oftheir asbestos-containing products to any of the sites listed on Exhibit A, attached hereto? If so, please state the following as to each job site listed on Exhibit A: (a) The names and last known addresses ofthose people with such knowledge. (b) The location of such records. ANSWER: N/A. 9. Did Defendant or any ofDefendant's distributors, as listed in response to Interrogatory Nos. 8.1, 8.2, and/or 8.3 have sales representatives who specifically called on the sites listed on Exhibit A, attached hereto, from 1945 to 1975? Ifyour response is yes, as to each site listed on Exhibit A, please state the following: PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 23 N:\OHIO\BUTLER\ROG.DEF (a) The name and last known address of each such representative and whether they are still employed by Defendant; (b) The period oftime they acted as your representative; (c) Their general responsibility as to each facility; (d) Whether that person is still alive; and (e) Any documents relating, referring or pertaining thereto. ANSWER: N/A. 9.1 Identify all managers and sales personnel responsible for your sales or installation of any asbestos-containing products in Ohio from 1930 to the present and state their position, last known address and the local or regional office through which they were employed. ANSWER: ICF Kaiser Engineers, Inc. had no sales personnel relevant to asbestos containing products because it was not in the business of selling same. With regards to "installation" see Answer to Interrogatory No. 5. 10. Did Defendant ever have any division or subsidiary engaged in the contract business of applying or removing asbestos-containing products? If so, please state: (a) The name of each subdivision; (b) The full address ofthe home office and the date such subdivision or subsidiary was engaged in this contracting business; and (c) Whether said division or subsidiary conducted such business at any ofthe sites listed on Exhibit A, from 1940 to 1975? If so, please state the following as to each job site listed on Exhibit A: (1) The dates of such contracts; (2) The specific asbestos-containing products that were used ore removed in PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 24 N:\OHIO\BUTLER\ROG.DEF each contract. ANSWER: No. (a.) through (c.) See above. 11. Did Defendant ever have any division or subsidiary engaged in the contract business of applying or removing asbestos-containing refractory? If so, please give the name of each subdivision, the full address ofthe home office and the date such subdivision or subsidiary was engaged in this contracting business. ANSWER: No. 12. Please identify by location and product produced, each plant in which products listed in your answer to Interrogatory No. 5 have been manufactured and/or assembled and the dates said plants have been in operation. ANSWER: N/A. 13. Has Defendant, at any time, entered into a "rebranding" agreement with any other company, either as a buyer or a seller, concerning any asbestos-containing products and/or materials? If so, please state: PLAINTIFFS' MASTER SET OF INTERROGATORIES PAGE 25 N:\OHIO\BUTLER\ROG.DEF (a) The name ofthe company manufacturing the asbestos products under such agreement; (b) The trade name affixed to such products; (c) The periods of time covered by each such agreement; (d) The volume (in dollars amounts) of each such transaction; (e) The purchaser of such products; (f) Does Defendant currently have in its possession any ofthe writings or contracts concerning such rebranding agreement? ANSWER: N/A. 13.1 Have you ever owned or operated a business or portion thereofwhich engaged in construction, erection or tear out offurnaces, pipes, boilers, turbines, lehrs, ovens, kilns, etc? ANSWER: Yes, see answer to Interrogatory No. 5. If so, please state: (a) the same of said business; ANSWER: See answers to Interrogatories No. 2 and 3. (b) the date of commencing business and cessation of business, if applicable; ANSWER: Kaiser Engineers, Inc. was acquired in 1963. ThetermofProject600at Armco Steel Middletown Works to include engineering and construction was commenced inl964 and ceased in 1972. (c) type of construction or tear out performed; ANSWER: New construction and/ or modernization of existing industrial facilities. PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 26 N:\OHIO\BUTLER\ROG.DEF (d) state whether said business installed or supplied asbestos-containing products on the furnaces, pipes, boilers, turbines, lehrs, etc., i.e., gaskets, pipecovering, block, cement, rope, cloth, clothes, etc., containing asbestos, asbestos pipe, board, etc.; ANSWER: Unknown. See answer to Interrogatory No. 5. (e) state the trade name and/or manufacturer ofany asbestos-containing product which you installed or supplied to any site on Exhibit A. ANSWER: Unknown. See answer to Interrogatory No. 5. (f) provide the dates for the applicable construction, installation or tear-out project. ANSWER: Project 600, the expansion and modernization of the Armco Steel mill in Middletown, Ohio took place from 1964 to January 1972. Defendant objects to providing any further information because it would be irrelevant and unduly burdensome. See also Answer to Interrogatory No. 5. 13.2 Do you have within your custody, possession, or control any packages that presently or formerly packaged asbestos-containing products or were produced for the purpose of packaging asbestos-containing products contemporaneous with your manufacture sale or distribution of such asbestos-containing products? If so, provide the following: (a) a description of each such package; (b) the present location and custodian of each such package; (c) the date or approximate date on which each such package was produced. ANSWER: N/A. PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 27 N:\OfflO\BUTLER\ROG.DEF INFORMATION ABOUT DESIGN/TESTING 14. What is the name, address and job title of each individual who participated in the design and preparation of manufacturing specifications for each such product listed above in answer to Interrogatory No. 5? ANSWER: N/A. ICF Kaiser Engineers, Inc. did not participate in the design and preparation of manufacturing specifications of any asbestos-containing products. 15. As to each product listed in response to Interrogatory No. 5, please describe how each product was to be cut, shaped, scribed, mixed and applied on the job. (In answering this question, give particular reference as to whether or not the materials were to be sawed or cut on the job, blown into confined areas, mixed with water in a cement or paste.) ANSWER: Unknown. See Answer to Interrogatory No. 5. 16. Based upon the material contents ofthe asbestos-containing products, the method of manufacturing, and the method ofapplication, please state which products listed in Interrogatory No. 5 could be applied by a worker without creating dust. ANSWER: Unknown. See Answer to Interrogatory No. 5. 17. Do any documents, including but not limited to, written memoranda, specifications, recommendations, blueprints or other written materials of any kind or character PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 28 N:\OfflO\BUTLER\ROG.DEF now exist relating to the design and preparation ofthe products listed in answer to Interrogatory No. 5? If so, please: (a) List each such written material or document; (b) Identify the person or persons presently in possession of each such document; (c) State where each such document is located. ANSWER: Unknown. See Answer to Interrogatory No. 14. 18. Prior to releasing the products listed in Interrogatory No. 5 for sale and usage, were any tests (either animal or human) conducted on said products to determine potential health hazards involved in the use of, or exposure to, the materials and/or products? If so, please state: (a) The name ofthe products tested and the date of each test. (b) The name, address, and job classification of each individual who conducted such tests; (c) The results of such tests. ANSWER: ICF Kaiser-Engineers, Inc. did-not release asbestos-containing products on the marlcet for sale or usag&Jlee also Answer to Interrogatory No. 14. ____ ___________-- 18.1 Prior to releasing any products for sale and usage (whether asbestos-containing or not), were any tests (either animal or human) conducted on said products to determine potential health hazards involved in the use of, or exposure to, the materials and/or products? If so, please state: (a) The name ofthe products tested and the date of each test. PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 29 N:\OHIO\BUTLER\ROG.DEF (b) The name, address, and job classification of each individual who conducted such tests; (c) The results of such tests. ANSWER: See Answer to Interrogatory No. 18. 19. Does Defendant have or control any documents, including but not limited to, written memoranda, specifications, recommendations, blueprints or other written materials of any kind or character relating to the testing ofthe products listed in Interrogatory No. 5 herein above? (a) Identify each such written material or document; (b) Identify each person who presently has possession of each such document; (c) State where each such document is located. ANSWER: See Answer to Interrogatory No. 18. 20. Were any design changes or modifications made as a result of such tests listed in answer to Interrogatory No. 18 herein above? If so, please state: (a) The trade name ofthe product changed or modified; (b) The nature ofthe change made and the date of such changes or modifications; (c) The name, address, and job classification of each person in charge of making a change. ANSWER: See Answer to Interrogatory No. 18. PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 30 N:\OHIOVBUTLER\ROG.DEF 21. After releasing for sale, distribution or marketing the products listed in answer to Interrogatory No. 5, did Defendant conduct any tests (either on animals or humans) to determine potential health hazards involved in the use of said materials and/or products? (a) The names ofthe products tested and the dates of said tests; (b) The name, address, and job classification of each person and/or agency conducting said tests; (c) The results of said tests; (d) Whether, as a result of any tests conducted, any products were removed from the market; (e) The names of all products removed from the market as a result of said tests. ANSWER: See Answer to Interrogatory No. 18. 22. Has Defendant ever conducted or caused to be conducted any studies concerning the effects ofthe inhalation of asbestos dust and/or fibers on workers or other persons applying, using and/or working around any ofthe asbestos products manufactured, sold, distributed and/or relabelled for distribution by you or your predecessor? If so, please state: (a) The dates and nature of such studies; (b) The names and addresses ofpersons conducting such studies; (c) The purpose of such studies; (d) Identify and list those persons to whom such reports were given and the PLAINTIFFS1 MASTER SET OF INTERROGATORIES - PAGE 31 N:\OHIO\BUTLER\ROG.DEF date of such dissemination; (e) State any publication or other written dissemination ofthe results of such studies; (f) State the nature of any action to eliminate or minimize the inhalation of asbestos dust fibers; and (g) Attach a copy of reports based upon such studies. ANSWER: Unknown. See Answers to Interrogatory No. 5 and 18. INFORMATION ABOUT SAFETY 23. Before placing in the market the asbestos-containing products that Defendant, mined, manufactured, sold, marketed, installed or distributed on the market, did Defendant make or cause to be made, any studies to determine whether their asbestos-containing products would be hazardous to people? If so, please state: (a) The date of said studies; (b) What studies were done; and (c) The titles ofeach study. ANSWER: Objection. ICF Kaiser Engineers, Inc. never mined, manufactured, sold, marketed or distributed an asbestos-containing product on the market. This question assumes that a defendant placed an asbestos-containing product on the market, therefore this interrogatory is not applicable to Kaiser Engineers, Inc. The insertion of the word "installed' into this interrogatory directed at the manufacturer defendants renders the question incoherent as to how an asbestos-containing product can be "installed on the market." PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 32 N:\OfflO\BUTLER\ROG.DEF  y<r- &r AO 24. Please state whether or not Defendant ever conducted or caused to be conducted any tests in the field (where asbestos-containing products were applied, removed or utilized) to determine the nature and extent of asbestos dust and/or fiber exposure to insulators, applicators, fellow employees, or other workers removing and/or tearing out asbestos-containing products, and/or other workers in the vicinity thereof? If so, please identify: (a) The date, place and nature of each and every test; (b) The particular asbestos-containing products to which each test applied; (c) The results of each test with particular reference to the number of asbestos fibers per cubic centimeter of air found at each site; and (d) The persons to whom the results said tests were given and the date of such dissemination. ANSWER: Unknown. See Answer to Interrogatory No. 5. 25. Please state whether or not Defendant ever obtained any knowledge concerning the likelihood of asbestos being hazardous to human health. Yes If so, please state: (a) When Defendant first became aware ofthe hazardous potential of asbestos dust and asbestos fibers; (b) The manner in which the Defendant, Defendant's predecessor, or Defendant's subsidiary companies first obtained this knowledge and became aware of said hazards and from what source this information was obtained; (c) What information was disseminated within Defendant's company, or its subsidiary or predecessor regarding such adverse consequences or effects; (d) Whether any such information is still maintained by Defendant or its subsidiary or predecessor in any written form. (e) The name, address and job classification ofthe custodian of such information. PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 33 N:\OHIO\BUTLER\ROG.DEF ANSWER: (a) through (e) ICF Kaiser Engineers Inc. is a construction company that never manufactured or sold asbestos containing products, therefore, it stands in the same light as the plaintiffs in that it had to rely upon the manufacturers of asbestos containing products to warn it of any potential hazards associated with their products. At this time defendant does not know the exact source or point of dissemination of this information, who first received it, or whether there ever was a custodian of it, or whether the information was written or published through electronic media, and, if the material was written, whether it was retained. 26. Please state when Defendant first became aware ofthe possible association between inhalation of asbestos dust and/or fibers and the contraction of asbestosis and cancers including, but not limited to gastrointestinal cancer, laryngeal cancer, renal cancer, lymphoma, lung cancer and mesothelioma. As to each disease or condition, please state the source ofthat information, including a description of all tests conducted relative to the possibility of such a relationship. ANSWER: Unknown. See answer to Interrogatory No. 25. 27. Please identify all physicians, industrial hygienists, and other employees (including their names and addresses) who were employed, retained or otherwise engaged by Defendant for research, investigation or study concerning asbestos or asbestos-related diseases. ANSWER: None. PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 34 N:\OHIO\BUTLER\ROG.DEF 28. As to each person who acted in a medical advisory capacity (as it relates in any way to asbestos) to Defendant, please list their name, the date individual acted in this capacity, and that person's current address and job title. ANSWER: None. 29. Please state if any medical officer or industrial hygienist or medical consultant ever made at any time any recommendations and/or suggestions to Defendant pertaining to the risks or hazards to persons involved in the manufacture or use of asbestos products and, if so, please state when, by whom or to whom such recommendations and/or suggestions were made and the substance of each recommendation. ANSWER: Unknown. 30. Please state the scientific and/or medical periodicals to which Defendant, its medical department, research department, industrial hygiene divisions, engineering department or consulting physicians subscribed between 1945 and 1975. ANSWER: ICF Kaiser Engineers, Inc. had numerous engineering divisions and marketing groups, each with its own set of periodicals. At this time has no knowledge of same. Under ongoing investigation. ICF Kaiser Engineers, Inc. does not have a medical department, research department, industrial hygiene division or consulting physicians. At this time defendant has no knowledge of same. Under ongoing investigation. PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 35 N:\OfflO\BUTLER\ROG.DEF 30.1 Please state whether Defendant, its medical officer or industrial hygienist or medical consultant or physicians were ever involved in testing or received literature or correspondence from the Mellon Institute. ANSWER: Defendant does not know if it ever received literature or correspondence from the Mellon Institute. It never manufactured an asbestos-containing product and would never have been involved in any testing of same. 30.2 Has any engineer, industrial hygienist or physician in your employ been a member in any professional group, trade group or any ofthe following groups: Unknown. Asbestos Textile Institute National Insulation Manufacturers Association Thermal Insulation Manufacturers Association Quebec Asbestos Mining Association Asbestos Information Association Industrial Health Foundation Industrial Hygiene Foundation Iron and Steel Institute National Safety Counsel Refractories Institute Air Hygiene Foundation of America, Inc. Sprayed Mineral Fiber Association If the answer is yes, state the following: (a) The name ofthe group or groups in which the individuals) were members; (b) The name and position individuals) within the Defendant, as defined, who were members; (c) The years the individual(s) were members ofthe groups; (d) Whether the Defendant paid the individuals) dues or membership fees or reimbursed the individual(s) for dues or membership fees in the group. PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 36 N:\OHIO\BUTLER\ROG.DEF ANSWER: N/A. 31. State in detail what test, if any, Defendant ever made with regard to the quantity, quality, or threshold limit values of asbestos dust, fibers or particles to which workers were exposed while using, working with and/or around, installing and/or applying your asbestos- containing products. ANSWER: Objection. The use of the term "your asbestos containing product" implies that defendant mined manufactured, sold, or placed said product on the market which ICF Kaiser Engineers, Inc. did not, therefore this interrogatory is not applicable to this defendant. 32. For each test described in Interrogatory No. 31, please give the name of the person conducting the test, the date ofthe test, and attach true copies of any documents, including but not limited to, reports, findings or memoranda concerning such tests or studies. ANSWER: . See Answer to Interrogatory No. 31. 33. Please state the year that Defendant was first advised of either threshold limit values or maximum allowable concentrations ofboth asbestos dust and total dust by the American Conference of Governmental Industrial Hygienists and state the name ofthe employee/official of the company receiving such advice. ANSWER: Unknown, but some time subsequent to the publication of applicable OSHA standards. PLAINTIFFS1 MASTER SET OF INTERROGATORIES - PAGE 37 N:\OHIO\BUTLER\ROG.DEF 33.1 State whether this defendant at any time caused to be conducted on any job site, any air sampling, dust counts, tests or other activities to determine air quality or worker safety. If your answer is in the affirmative, please indicate: (a) the date of any such air samples, tests, or activities; (b) by whom such activities were performed; (c) where such activities were performed; (d) the results of any such activities. . ANSWER: Yes, as required by applicable laws and regulations. ANSWER: (a) to (d) Unknown. 34. Does Defendant maintain a library dealing with industrial hygiene, medicine, safety and engineering and/or research? If so, state: (a) The date each such library was established; (b) The location of each library; (c) The name(s) of the librarian^) since 1930; (d) List all journals subscribed to by you concerning asbestos, industrial hygiene, medicine, safety, and/or engineering; (e) List all books and articles dealing with asbestos and asbestos-related diseases and the date acquired. PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 38 N:\OHIO\BUTLER\ROG.DEF ANSWER: No. 35. Did Defendant in the 1920's or 1930's commission, or participate in the arrangements with Metropolitan Life Insurance Company for studies at the Trudeau Foundation at Saranac Lake, New York, concerning the effect of inhalation or ingestion of asbestos fibers upon human and/or animal bodies. ANSWER: No. 36. When was Defendant first aware of reports of studies ofthe Trudeau Foundation at Saranac Lake, New York, entitled "Effects of the Inhalation of Asbestos Dust in the Lungs of Asbestos Workers" by A.J. Lanza, Assistant Medical Director published in the J. Public Health Report, Vol. 50, No. 1, dated January 4, 1935 ("Lanza Report")? ANSWER: Defendant does not know, if at all. 36.1 Did you ever contract with Saranac Laboratories to study the hazards of any dust producing product manufactured by you (whether asbestos containing or not)? If so, identify by date and author all documents concerning or any way related to such study. ANSWER: No. PLAINTIFFS1 MASTER SET OF INTERROGATORIES - PAGE 39 N:\OHIO\BUTLERXROG.DEF 36.2 Did you ever contract with Saranac Laboratories to analyze dust or products? If so, identify by date and author all documents concerning or any way related to such analysis. ANSWER: No. 37. Please state whether the Defendant at any time has been a member of any "trade organization" or "trade association" composed by other manufacturers, miners, distributors, and/or sellers of asbestos-containing products and, if so, please identify the name and address of each such association or organization, the dates ofmembership, and the names of any publications issued or written by such association or organization. ANSWER: No. 3 8. With respect to each trade organization or association listed in answer to Interrogatory No. 37, please state whether the minutes ofthe group's meetings and any correspondence between the members of such groups concerning the hazards of asbestos exposure are available. ANSWER: N/A. 39. Please identify by name the technical and trade association periodicals to which the Defendant subscribed, and state whether Defendant had knowledge of any articles being printed, or withheld from printing, in said periodicals pertaining to the potential hazards of asbestos. If so, PLAINTIFFS1 MASTER SET OF INTERROGATORIES - PAGE 40 N:\OHIO\BUTLER\ROG.DEF please state the following: (a) The title of each such article; (b) The periodical in which each such article was published; (c) The date each such article was published; (d) A detailed explanation ofthe reason for withholding any such article for printing; (e) Produce documentation which refers, alludes or mentions articles which were withheld for publication. ANSWER: No. 40. Please state whether, prior to 1975, the Defendant sponsored, or attended any meeting, seminar, conference, convention or legislative hearing where the subject of occupational health and exposure to asbestos was discussed and, if so, please state the date and place of such meeting and the name and address of any speakers or participants. ANSWER: Defendant has never sponsored any such meeting, and does not know if it ever attended such a meeting. WARNINGS/SALES PROMOTION 41. As to each product listed in response to Interrogatory No. 5, please state whether Defendant, at any time, published and/or distributed any printed materials, including but not limited to brochures, pamphlets, catalogs, packaging or other written materials of any kind or PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 41 N:\OHIO\BUTLER\ROG.DEF character that contain any warnings, cautions, caveats or directions concerning the possible health effects ofthe products on a person. If so, please state as to each product: (a) The name of each relevant product; (b) The wording of each such warning; (c) A description of each such printed material; (d) The method used to distribute the warning to persons who are likely to use the products; (e) The date each such warning was issued; (f) Whether any warning accompanied any ofyour asbestos-containing products' sales literature, handout or pamphlets; (g) Please attach a copy ofthe warning and date said warning was issued; (h) The name, address, and job classification of each person who presently has possession ofthe above-described documents; (i) The name or names and addresses of the company who provided, produced, or manufactured the boxes or containers on which the warning appeared and dates these boxes with the warnings appeared. ANSWER: Objection. This interrogatory generally, and specifically by inclusion of the term "your asbestos containing product", implies that defendant mined manufactured, sold, or placed said product on the market which ICF Kaiser Engineers, Inc. did not, therefore this interrogatory is not applicable to this defendant. Without waiving this objection the answer is no. 42. Has sales material been prepared by Defendant or its agents for purposes of marketing or advertising the asbestos products listed in answer to Interrogatory No. 5? If so, please state: (a) The name and address of each person or entity who prepared same; (b) The name, address and job title of each person who presently has PLAINTIFFS' MASTER SET OF INTERROGATORIES PAGE 42 N:\OfflO\BUTLERXROG.DEF possession of same; (c) The date same was prepared; (d) The media used to disseminate the sales material. ANSWER: Objection. This interrogatory implies that defendant mined manufactured, sold, or placed said product on the market which ICF Kaiser Engineers, Inc, did not, therefore this interrogatory is not applicable to this defendant. Without waiving this objection the answer is no. 43. Has any written material of any kind or character been prepared by Defendant, Defendant's predecessor or any ofDefendant's subsidiary companies or their agents indicating how the products listed in answer to Interrogatory No. 5 should be used or maintained by the ultimate user or those working in facilities or at job sites where the product was used, installed or removed, including, but not limited to, those sites listed on the job site list attached as Exhibit A. If so, please state the following: (a) The name, address and job classification of each person who prepared same; (b) The name, address and job classification of each person who presently has possession of same; (c) The dates and manner in which said material was distributed to purchasers of the products in answer to Interrogatory No. 5. ANSWER: N/A. 44. Was any written material of any kind prepared by Defendant and distributed to those individuals listed in response to Interrogatory No. 9? If so, please state the following: PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 43 N:\OfflO\BUTLER\ROG.DEF (a) Identify the written material by content and date; <b) To whom was it delivered. ANSWER: N/A. 45. Does Defendant contend that asbestos-containing products can be manufactured so as to eliminate all potential health hazards to persons working with or around, installing or applying same? If so, please state the following: (a) The date that Defendant first determined that another product could be used in place of asbestos; (b) The chemical ofthe substitute; (c) Whether the substitute is suitable for the purpose for which they are to be used; (d)' Whether Defendant used the substitute for asbestos to 1971; (e) Whether Defendant ever used the substitute for asbestos for high or low heat insulation. ANSWER: Objection. This interrogatory applies to manufacturers of asbestoscontaining products. ICF Kaiser Engineers, Inc., has never manufactured, sold, distributed or marketed asbestos-containing products, therefore this interrogatory does not apply to this defendant. This interrogatory calls for expert medical, legal and scientific opinions about the products manufactured by other companies. 46. Did Defendant give any warnings to any individuals at the sites listed on Exhibit A, PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 44 N:\OfflO\BUTLERXROG.DEF including any individuals who owned, operated, or managed the facilities at the sites listed on Exhibit A, regarding the potential health hazards of any product listed in response to Interrogatory No. 5. Ifyes, please state: (a) Name of person most knowledgeable about this communication. (b) Name of person at the sites listed on Exhibit 1, attached hereto most knowledgeable about this communication. (c) Dates of each communication. (d) Contents of each communication. ANSWER: Unknown. KNOWLEDGE OF PREVIOUS INJURIES 47. Did any person prior to 1970,- file a claim against any Workers' Compensation carrier covering Defendant alleging that he or she contracted a disease as a result of exposure to asbestos? If so, please state the following: (a) A list of each such claim by claimant's name, date filed, the caption and jurisdiction involved; (b) The disease alleged in each such claim; (c) A brief summary ofthe disposition of each such claim; and (d) The name, address and job classification ofthe person or persons having custody ofthe records pertaining to each such claim. ANSWER: Unknown. ICF Kaiser Engineers, Inc. does not typically maintain files of Worker Compensation claims, therefore it does not know whether any such claims were made. PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 45 N:\OHIO\BUTLER\ROG.DEF 47.1 Please identify all documents concerning or in any way related to any decisions made by you to cease manufacturing asbestos-containing products. ANSWER: N/A. 47.2 Has any person or company from which you purchased asbestos containing products ever issued a recall oftheir products or taken any action to take those products offthe market after said products were in your possession? If so, provide: (a) the date of said recall; (b) the name of the company which issued the recall; (c) a copy ofthe recall. ANSWER: Objection. This interrogatory is vague and overbroad and assumes facts not in evidence. For instance is the assumption defendant purchased asbestos products related in any way to plaintiffs* claims or does it include the possibility that a gasket was purchased during maintenance work done on defendant's offices. It would be impossible to investigate the endless possibilities of this question as worded. 47.3 State what action, if any, you have ever taken since 1930 to minimize or eliminate any risk of occupational disease or pneumoconiosis to those at any time engaged in the manufacture or production of asbestos-containing products. ANSWER: N/A. ICF Kaiser Engineers, Inc. never engaged in the manufacture or production of asbestos containing products. PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 46 N:\OHIO\BUTLER\ROG.DEF 47.4 State what action, if any, you have ever taken since 1930 to minimize or eliminate any risk of occupational disease or pneumoconiosis to those at any time engaged in the use, as distinguished from the manufacture, or exposed to the use of asbestos-containing or industrial insulation products or who were otherwise exposed to asbestos-containing or industrial insulation products. (a) describe such action; (b) state when such action was taken; (c) state what written material exists related to such action; (d) state the names, job titles and last known address of the individuals who undertook such actions. ANSWER: Unknown prior to 1972. Otherwise, ICF Kaiser Engineers, Inc. would be subject to applicable OSHA regulations as required. 48. Did Defendant receive notice prior to 1968 that any person was claiming injury as a result ofusing asbestos products manufactured, sold, installed, and/or distributed by Defendant? If so, please state: (a) The name and address of each claimant; (b) The date ofnotice of each claim; (c) A description ofthe claim; (d) The type ofinjuries allegedly sustained; (e) The name and address of each attorney representing the individuals making such claims; The style and court number of each such claim; PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 47 N:\OfflO\BUTLER\ROG.DEF (g) The resolution of each claim. ANSWER: At this time defendant is not aware of any such notices. 48.1 Describe the method by which you have maintained records concerning the manufacturer, sale, supply, distribution, use, advertising, delivery and/or installation or tear-out of each of asbestos-containing products. For each description provide the following: (a) each present and former company or corporate department, division or subdivision responsible for maintaining such records; (b) the manner in which the records are kept (e.g., boxes, computer tape, microfilm, etc.); (c) the inclusive dates of any such manufacturer, sale, supply, distribution, use, advertising, delivery, and/or installation or tearout which such record keeping system covers; (d) the present location at which all such records are maintained; (e)' the identity of each person employed by you at any time from 1930 to the present who is or was responsible for the collection and maintenance of such records. ANSWER: (a) through (e) Objection. This interrogatory assumes the defendant installed or sold, etc. asbestos containing products. Without waiving the objection, if there are any relevant documents maintained by defendant for work it oversaw as a general contractor or construction manager, they would be part of an individual job file. There is no central file kept for this type of information if it even exists. Any existing records which are relevant to this litigation are kept in boxes under the custody of a professional records repository in Hayward, California. No one person was ever employed to collect and maintain such records. 48.2 State whether any records concerning the manufacture, sale, supply, distribution. PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 48 N:\OffiO\BUTLER\ROG.DEF advertising, delivery, use or installation or tear-out ofasbestos-containing products have been destroyed or discarded and if so, indicate: (a) the date and location of such destruction or discard; (b) the custodian and location of such records prior to their destruction or discard and the identity of each employee, representative, official or agent who ordered, authorized or supervised such destruction or discard. ANSWER: Unknown. All documents destroyed by defendant would have been in conjunction with records destruction policies dating back to at least 1970. 48.3 For all documents, other than invoices, work orders and/or purchase orders, which relate to matters relevant to the all the preceding interrogatories: (a) Is there any kind of index for the documents? ANSWER: There is a general index of files maintained which relates to specific jobs performed by ICF Kaiser Engineers. (b) How many pages is the index of documents? ANSWER: Unknown. (c) How many documents are referred to in the index? ANSWER: Unknown. (d) Is the index maintained in electronic format (i.e. database, word processing or other computerized format)? ANSWER: Yes. (e) What manner of electronic format is used? ANSWER: Proprietary software. PLAINTIFFS' MASTER SET OF INTERROGATORIES PAGE 49 N:\OHIO\BUTLER\ROG.DEF 48.4 For all invoices, work orders and/or purchase orders, which relate to matters relevant to the all the preceding interrogatories: (a) Is there any kind of index for the documents? (b) How many pages is the index of documents? (c) How many documents are referred to in the index? (d) Is the index maintained in electronic format (i.e. database, word processing or other computerized format)? (e) What manner of electronic format is used? ANSWER: There is no specific index and no knowledge that such documents exist at this time. This matter is subject to ongoing investigation PLAINTIFF/DECEDENT 49. Has Defendant obtained statement from any witnesses including the Plaintiffs? If so, please: (a) list each witness who has given a statement and the name, address, and job title of each person having custody of any such statement. ANSWER: No. 50. Do you contend that the PlaintifBDecedent improperly used those products listed in response to Interrogatory No. 5? If so, please set out in detail in what respect the product was improperly used. ANSWER: To be supplemented on a case by case basis based on discovery. PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 50 N:\OHIO\BUTLER\ROG.DEF 51. As to the sites listed oil Exhibit A, and as to each PlaintifiTDecedent, please state whether Defendant contends that there was any substance other than asbestos which contributed or caused PlaintifBDecedent's injuries. ANSWER: Yes. Ifyour answer is yes, please state the following: (a) The facts upon which you rely; ANSWER: Facts contained in plaintiffs depositions, such as cigarette smoke and other toxic substances, and other facts discovered during ongoing investigation (b) The identity ofthe sources upon which you rely which substantiate these facts. ANSWER: The sources include, but are not limited to Plaintiffs depositions, medical and scientific literature and expert opinions and other facts and documents discovered during ongoing investigation. RESPIRATORS 52. Would any respirator, mask or other breathing devices prevent inhalation of the asbestos dust and fibers contained in products listed in answer to Interrogatory No. 5? If so, state: (a) When the respirator was sold; (b) A detailed description of such respirator or other breathing devices, including name ofmanufacturer and model number; (c) The basis ofyour claim that such respirators or other breathing devices will prevent the inhalation of such dust and fibers; PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE S1 N:\OfflOVBUTLERVROG.DEF (d) Identify any tests performed regarding the efficaciousness of such respirators and other breathing devices in preventing the inhalation of asbestos dust and fibers including date, title, author and number; (e) List all documents which mention, allude or refer to tests performed on breathing devices which prevented the inhalation of asbestos dust and/or fibers. ANSWER: N/A. 53. Does Defendant expect to call expert witnesses at the trial of this case? If so, please state the following: (a) Their identity, last known address; (b) The subject matter on which the expert is expected to testify; (c) The expert's specific conclusion and specific opinions and the specific basis therefore; (d) The expert's qualifications to render the opinions set forth above; (e) Whether any person identified in sub-paragraph (a) above has provided a report or other documentation to you, and if so, identify such document or report; (f) Identify all documents that you have provided to each person identified in response to sub-paragraph (a) above; and (g) Describe in detail the education and work history of, and identify any books, treaties, article, published and unpublished reports, studies or other scholarly works authored by any individual identified in response to subparagraph (a) above. Alternatively, in lieu, of said response, attach a copy of a resume or curriculum vitae and a list ofpublications to your answer. ANSWER: Yes, to be supplemented per case management plan. PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 52 N:\OfflO\BUTLERVROG.DEF 54. Please state the name and last know address of each expert witness who is not retained or employed for that purpose who is an employee ofDefendant and will render an opinion within his expertise at the time oftrial. ANSWER: See above. 55. Does Defendant admit that service ofprocess was properly had on it in these cases? If not, please state why. ANSWER: Yes. 55.1 For each and every affirmative defense asserted in the answering defendant's Answer to Plaintiffs' Complaint, the Cross-Claims or Counter-Claims of any party against this answering defendant state: (a) the facts upon which the answering defendant relies for each and every affirmative defense; (b) each and every document which will be offered to prove each and every affirmative defense; and (c) each and every witness who will testify in support of each and every affirmative defense. (d) the substance and subject matter ofthe anticipated testimony of each witness identified in the preceding response. ANSWER: Objection. Calls for legal conclusions, privileged information prepared in anticipation of litigation, and is subject to discovery of facts during discovery and defendant's ongoing investigation of plaintiffs' allegations. PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 53 N:\OfflO\BUTLER\ROG.DEF 56. Does Defendant have policies ofinsurance that might cover the claims that have been made by the Plaintiffs herein? (a) If so, please list the name of each insurance carrier who may have coverage, the amount of such coverage, and the dates of each such policy. ANSWER: 1/1/62 to 1/1/66 - Fireman's Fund - CL 8530 - $1,000,000.00 1/1/66 to 1/1/71 - Fireman's Fund - CL 8530 - $1,000,000.00 1/1/71 to 1/1/74 -Industrial Indemnity Corporation - G6728900 $ , ,1 000 000.00 56.1 Have you ever been involved in any litigation concerning potential insurance coverage for asbestos products liability matters? If so, please state: (a) the case caption, court and date offiling of each case in which you have been involved; (b) whether you were plaintiff or defendant; (c) ' a brief statement ofthe issues; (d) identify by date, author and recipients), (including recipients of carbon copies) all documents listed as exhibits by either party in this litigation; (e) identify by deponent and date all individuals who were deposed in these cases; (f) identify by date, author and recipient(s) all documents that have been placed on a protective order in such litigation; (g) identify all expert witnesses retained for use at trial in any ofthe above litigation by name, address and telephone number. ANSWER: No. PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 54 N:\OMO\BUTLER\ROG.DEF 57. Please state the name and address of each person who has knowledge of relevant facts regarding claims and defenses of this lawsuit. ANSWER: Under ongoing investigation. 58. State the last date that this Defendant sold, distributed, manufactured, installed, and/or otherwise placed asbestos-containing products into the stream of commerce. ANSWER: Objection. This interrogatory implies that defendant sold, distributed manufactured, or otherwise placed asbestos-containing products in the stream of commerce, which ICF Kaiser Engineers, Inc. did not, therefore this interrogatory is not applicable to this defendant. Without waiving this objection the answer is unknown if at all. Respectfully submitted, BARON &BUDD A PROFESSIONAL CORPORATION The Centrum Suite 1100 3102 Oak Lawn Avenue Dallas, Texas 75219 (214) 521-3605 FAX: (214) 520-1181 STEVEN D. WOLENS Texas State Bar No.: 21847600 Attorney for Plaintiffs -AND- PLAINT1FFS' MASTER SET OF INTERROGATORIES - PAGE 55 N:\OHIO\BUTLER\ROG.DEF MANLEY, BURKE, LIPTON & COOK 225 W. Court Street Cincinnati, OH 45202 (513)721-5525 FAX: (513)721-4268 ANDREW S. LIPTON Ohio State Bar No.: 0009191 Attorney for Plaintiffs CERTIFICATE OF SERVICE The undersigned certifies an exact copy ofthe foregoing has been sent to all counsel of record on this the 2nd day of April, 1997, for each oftheir respective defendants. STEVEN D. WOLENS Attorney for Plaintiffs PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 56 N:\OHIO\BUTLER\ROG.DEF EXHIBIT A BARON & BUDD SITE LIST Anchor Hocking Glass, Lancaster, OH Anchor Hocking Glass, Plant One, Lancaster, OH Anchor Hocking Glass, Plant Two, Lancaster, OH Armco Steel, Ashland, KY Armco Steel, Hamilton, OH Armco Steel, Houston, TX Armco Steel, Middletown, OH Armco Steel, Muskingham County, OH Armco Steel, Washington Courthouse, OH Babcock & Wilcox, Canton, OH BlawKnox Corp., Wheeling, WV Buckeye Steel, Columbus, OH Cardinal PS/Brilliant PS/Tidd PS, Brilliant, OH Centre Foundry, Wheeling, WV Champion Paper, Hamilton, OH Contours, Inc., Orrville, OH Cooper Tire, Findley, OH Dayton Walther, Portsmouth, OH Harrison PS, Shinnston, WV Ideal Foundry, Newton Falls, OH Jones & Laughlin Steel, Youngstown, OH Jones & Laughlin Steel, Cleveland, OH LTV Steel, Cleveland, OH LTV Steel, Jennings Road, Cleveland, OH LTV Steel, East 45th Street, Cleveland, OH LTV Steel, Campbell Road, Cleveland, OH LTV Steel, West third Street, Cleveland, OH LTV Steel, Massillon, OH LTV Steel, Warren, OH LTV Steel, Youngstown, OH LTV Steel Briar Hill Works, Youngstown, OH LTV Steel Campbell Works, Youngstown, OH Lucans Steel, Massillon, OH * Martin Marietta, Woodville, OH McComber Steel, Canton, OH Meade Paper, Chilicothe, OH Republic Engineered Steel Inc. (RESI), Canton, OH Republic Steel, Canton, OH Republic Steel, Eighth Street Plant, Canton, OH PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 57 N:\OHIO\BUTLER\ROG.DEF Republic Steel, Plant A, Canton, OH Republic Steel, Plant B, Canton, OH Republic Steel, 3 Shop, Canton, OH Republic Steel, 4 Shop, Canton, OH Republic Steel, Berger Plant, Canton, OH Republic Steel, Culvert Division, Canton, OH Republic Steel, Stark Divsion, Canton, OH Republic Steel, Cleveland, OH Republic Steel, Massillon, OH Republic Steel, Union Drawn Steel, Massillon, OH Republic Steel, South Division, Massillon, OH Republic Steel, Warren, OH Republic Steel, Youngstown, OH The Timken Company, aka Timken Roller Bearing, Canton, OH The Timken Company, aka Timken Roller Bearing, Navarre Road SW, Canton, OH The Timken Company, aka Timken Roller Bearing, Dueber Avenue, Canton, OH U.S. Rubber, Clinton, OH U.S. Steel, Canton, OH U.S. Steel, Clairton, PA U.S. Steel, McDonald Works, Youngstown, OH U.S. Steel, Ohio Works, Youngstown, OH U.S. Steel, Homestead, PA Washington Steel, Massillon, OH Weirton Steel, Weirton, WV Wheeling-Pitt Steel, Allenport, PA Wheeling-Pitt Steel, Beechbottom, WV Wheeling-Pitt Steel, Benwood, WV Wheeling-Pitt Steel, Yorkville, OH Wheeling-Pitt Steel, Martins Ferry, OH Wheeling-Pitt Steel, South Plant (Mingo Junction) Wheeling-Pitt Steel, East Plant (Follansbee, WV) Wheeling-Pitt Steel, North Plant (Steubenville) Wheeling-Pitt Steel, Monessen, PA Youngstown Sheet & Tube, Youngstown, OH PLAINTIFFS' MASTER SET OF INTERROGATORIES - PAGE 58 N:\OHIO\BUTLER\ROG.DEF VERIFICATION STATE OF CALIFORNIA COUNTY OF ALAMEDA ) ) ss. ) BRUCE E. ALLEN, ESQ., being duly sworn deposes and says that he is Associate General Counsel for ICF Kaiser Engineers, Inc., that he has been chosen by said organization to answer these Interrogatories and that to the best of his knowledge and belief, these Answers to Plaintiffs' Master Set of Interrogatories furnish such information as is known or available to the organization. BRUCE E. ALLEN, ESQ. SWORN TO AND SUBSCRIBED before me on this 31st day of March 1998. CERTIFICATE OF SERVICE The foregoing ICF Kaiser Engineers, Inc.'s Supplemental Answers To Plaintiffs' Master Set Of Interrogatories Propounded To Defendant ICF Kaiser, Inc. has been sent by regular U.S. mail to Attorneys for Plaintiffs: Steven D. Wolens, Esq., Baron & Budd, The Centrum, Suite 1100, 3120 Oak Lawn Avenue, Dallas, Texas 75219, and a copy to Andrew S. Lipton, Manley, Burke, Lipton & Cook, 2225 W. Court Street, Cincinnati, Ohio 45202, this day of April, 1998. WILLIAM D. BONEZZI (0018093) KEVIN O. KADLEC (0037783) EDWARD E. TABER (0066707) BONEZZI, SWITZER, MORPHY & POLITO CO., L.P.A. Attorneys for Defendant, ICF Kaiser Engineers, Inc.