Document 5k72nMra5VQaKZJNb5kje3ZL5

LAWRENCE SMITH and VERA MAE SMITH; CHESTER KERSHMAN and RUBIE KERSHHAN; JERRY WILLIAMS; and THOMAS STALLCUP, Plaintiffs, vs. ARMSTRONG WORLDINDUSTRIES, INC. ET AL. Defendants. : : * : IN THE DISTRICT COURT OF DALLAS COUNTY, TEXAS 44thJUDICIALDISTRICT U. SMINERAL1S ANSWERS TO PLAINTIFF CHESTER KERSKAM1S INTERROGATORIES PREAMBLE COMES NOW UNITED STATES MINERAL PRODUCTS COMPANY ("U.S. Mineral") and answers the Plaintiff's Interrogatories. Most of these interrogatories pertain to events that occurred many years ago. Therefore, in gathering the information to respond to these interrogatories, U.S. Mineral and its counsel have had to rely on many documents and the information contained therein. In addition, U.S.Mineral and its counsel have relied on the memories of officers and employees who have been with the company since the 1950s and 1960s. U.S. Mineral and its counsel have also acquired information from discovery in other cases, and this information may form the basis for a particular answer. Because the process of document review is ongoing^ and because new and/or additional information about past events is sometimes acquired, U.S. Mineral reserves its right to supplement and/or to amended these answers in the event that more or more accurate information becomes available. Additionally, this defendant only manufactured and sold asbestos-containing CAFCO products from 1954 through 1972. Unless otherwise stated in a specific answer to an Interrogatory the answers to these interrogatories shall be limited to those products, that period of time, and to the State of Texas. INTERROGATORY NO. 1: For each document listed below, please answer whether such document is a true and correct duplicate of a genuine and authentic document: Without waiving any objections to admissability of these documents or portions thereof, U.S. Mineral responds as follows: EXHIBIT NO. (a) SMF-l ANSWER: Yes. (b) SMF-2 ANSWER: Yes. (C) SMF-3 ANSWER: Yes. (d) SMF-4 MSWEE: Yes. (e) SMF-5 ANSWER: Yes. DESCRIPTION Letter from J.P. Verhalen, President to Mr. D.T. Colton, General Manager, JM International Corp. dated March 3, 1965 2 page letter to Members of the Technical Committee re: SMFMA-AlbiClad from J.B. dated March 9, 1966 Letter to J.P. Verhalen, U.S. Mineral Products from H.L. Levine, Asbestospray Corp. dated March 10, 1966 Notice of meeting from James P. Verhalen dated March 15, 1966 Letter to Albi-Clad Manufacturing Company, Inc. from Morris Lieff dated March 28, 1966 2 (f) SMF-6 ANSWER: Yes. (g) SMF-7 ANSWER: Yes. (h) SMF-8 ANSWER: Yes. (i) SMF-9 ANSWER: Yes. (j) SMF-10 ANSWER: Yes. (k) SMF-11 ANSWER: Yes. Letter to Mr. Harry Wilson, Mr. M. Lieff, Mr. F. Stumpf, Mr. Verhalen and Mr. Boyer with 4 attachments from H.L. Levine re: Data Concerning Asbestos Exposure dated April li, 1966 2 page letter to Mr. Harry Wilson, Mr. Lieff, Mr. F. Stumpf, Mr. Verhalen, and Mr. Boyer from H.L. Levine re: Data Concerning Asbestos Exposure dated April 12, 1966 2 page letter to Mr. J.P. Verhalen, Mr. Harold Wittkop, Mr. A.E. Binger, and Mr. Boyer from H.L. Levine dated May 10, 1966 Notice of Meeting from James P. Verhalen dated June 7, 1966 Letter with, 3 page attachment to B. Levine, F. Stumpf and H. Wilson from M. Lieff re: Statement on Claim that Sprayed Fiber is a Health Hazard 2 page letter to Mr. John Boyer, Cadwalader, Wickerson & Taft from Kenneth W. Smith, M.D., Medical Director re: Sprayed Mineral Fiber Manufacturers Association dated July 12, 1966 3 (1) SMF-12 ANSWER: Yes. Letter to Mr. Morris Lieff, Mr. Harry Wilson, Mr. Frank Stumpf, and Mr. Verhalen from H.L. Levine dated July 13, 1966 (m) SMF-13 ANSWER: Yes. Letter to J.P. Verhalen from John Boyer dated July 18, 1966 (n) SMF-15 Inter-Office Memo to J.P. Verhalen from J.F. O'Rourke subject: SMFMA General Meeting dated November 18, 1966 ANSWER: Yes. (0) SMF-19 Letter with 1 page attachment to A.E. Singer, J. Boyer, H.L. Levine, L.C. Jenne, K. Wilson, H. Wittkop, J.F. O'Rourke, F.M. Stumpf, J.P. Verhalen and M. Lieff from R.H. Toth dated August 11, 1967 ANSWER: Yes. However. the correct date of the letter is August 15, 1967. (p) SMF-20 ANSWER: Yes. Letter with 4 page attachment to A.E. Binger, J. Boyer, H.L. Levine, S. Miller, L.C. Jenne, H. Wilson, H. Wittkop, J.F. O'Rourke, F.M. Stumpf, J.P. Verhalen, and M. Lieff from R.H. Toth dated September 15, 1967 (q) SMF-21 ANSWER: Yes. Letter to Frank Stumpf from H.L. Levine dated February 7, 1968 4 (r) SMF-22 Minutes of Special Meeting of Members of Sprayed Mineral Fiber Manufacturers Association dated May 22, 1968 ANSWER: No. The document is not complete. U.S. Mineral is unable to determine whether these are actual minutes of an Association meeting. (s) SMF-23 ANSWER: Yes Letter to H.L. Levine from J.P. Verhalen dated January 25, 1969 (t) SMF-24 ANSWER: Yes. 2 page letter to Mr. Jenne, Mr. stumpf, Mr. Lieff, and Mr. Binger from H.L. Levine dated April 25, 1969 (u) SMF-25 ANSWER: Yes Letter to H.L. Levine, L.C. Jones and Lieff re: Air Sampling Field Test from Frank M. ______ dated June 11, 1969 (v) SMF-26 Minutes of Annual Meeting of Sprayed Mineral Fiber Manufacturers Association, Inc with 4 page attachment dated February 3, 1970 ANSWER: No. No attachment accompanied the document. U.S. Mineral is unable to determine that these are the actual minutes of an Association meeting. (w) SMF-27 ANSWER: Yes. Letter with 2 page attachment to Board of Directors (Mr. Verhalen, Mr. Lieff, Mr. Boyer and Mr. Binger) from H.L. Levine dated July 2, 1970 5 (X) SMF-28 ANSWER: Yes. 2 page letter with 3 page attachment to Board of Directors (Stumpf, Lieff, Binger, Zahn and Verhalen) from H.L. Levine dated October 8, 1970. (y) SMF-29 Letter with one page attachment to Board of Directors (Mr. Lieff, Mr. Verhalen, Mr. Stumpf, Mr. Binger and Mr. Gahn) from H.L. Levine dated January 5, 1971 ANSWER: No. The document provided does not include the attachment referred to. (z) SMF-30 ANSWER: Yes. Letter to H.L. Levine from R.S. williamee dated September 2, 1971 (aa) SMF-31 ANSWER: Yes. 2 page letter to Dr. James Crowder from J.P. Verhalen dated July 3, 1972 (bb) SMF-32 Recommended Code of Practices for Application of Sprayed Fireproofing Materials (8 pages) ANSWER: Yes. although the copy provided is only 7 pages. 6 For each document listed below, please answer whether such document was kept and/or generated in the regular course of a regularly conducted business activity of U.S. Mineral by an employee or representative of U.S. Mineral with knowledge of the act, event, condition or opinion recorded. U.S. Mineral objects to this interrogatory on the ground that the phrase "with knowledge of the act, event, condition or opinion recorded" is vague, ambiguous and susceptible of various meanings. Without waiving these objections, U.S. Mineral responds as follows: EXHIBIT NO. DESCRIPTION (a) SMF-l Letter from J.P. Verhalen, President to Mr. D.T. Colton, General Manager, JM International Corp. dated March 3, 1965 ANSWER: This document was generated or received by an employee or representative of U.S. Mineral in the course of regularly conducted business. Except as reflected in the document itself, U.S. Mineral denies its employee or representative had knowledge of the act, event, condition, or opinion recorded in a particular document. (b) SMF-2 2 page letter to Members of the Technical Committee re: SMFMA-AlbiClad from J.B. dated March 9, 1966 ANSWER: This document was generated or received by an employee or representative of U.S. Mineral in the course of regularly conducted business. Except as reflected in the document itself, U.S. Mineral denies its employee or representative had knowledge of the act, event, condition, or opinion recorded in a particular document. 7 (c) SMF-3 Letter to J.P. Verhalen, U.S. Mineral Products from H.L. Levine, Asbestospray Corp. dated March 10, 1966 ANSWER? This document was generated or received by an employee or representative of U.S. Mineral in the course of regularly conducted business. Except as reflected in the document itself, U.S. Mineral denies its employee or representative had knowledge of the act, event, condition, or opinion recorded in a particular document. (d) SMF- Notice of meeting from James P. Verhalen dated March 15, 1966 ANSWER: This document was generated or received by an employee or representative of U.S. Mineral in the course of regularly conducted business. Except as reflected in the document itself, U.S. Mineral denies its employee or representative had knowledge of the act, event, condition, or opinion recorded in a particular document. (e) SMF- Letter to Albi-Clad Manufacturing Company, Inc. from Morris Lieff dated March 28, 1966 ANSWER: This document was generated or received by an employee or representative of U.S. Mineral in the course of regularly conducted business. Except as reflected in the document itself, U.S. Mineral denies its employee or representative had knowledge of the act, event, condition, or opinion recorded in a particular document. (f) SMF- Letter to Mr. Harry Wilson, Mr. M. Lieff, Mr. F. Stumpf, Mr. Verhalen, and Mr. Boyer with 4 attachments from H.L. Levine re: Data Concerning Asbestos Exposure dated April 11, 1966 ANSWER! This document was generated or received by an employee or representative of U.S. Mineral in the course of regularly conducted business. Except as reflected in the document itself, U.S. Mineral denies its employee or representative had knowledge of the act, event, condition, or opinion recorded in a particular document. 8 (g) SMF-7 2 page letter to Hr. Harry Wilson, Mr. Lieff, Mr. F. Stumpf, Mr. Verhalen, and Mr. Boyer from H.L. Levine re: Data Concerning Asbestos Exposure dated April 12, 1966 ANSWER: This document was generated or received by an employee or representative of U.S. Mineral in the course of regularly conducted business. Except as reflected in the document itself, U.S. Mineral denies its employee or representative had knowledge of the act, event, condition, or opinion recorded in a particular document. (h) SMF-8 2 page letter to Mr. J.P. Verhalen, Mr. Harold Wittkop, Mr. A.E. Binger, and Mr. Boyer from H.L. Levine dated May 10, 1966 ANSWER: This document was generated or received by an employee or representative of U.S. Mineral in the course of regularly conducted business. Except as reflected in the document itself, U.S. Mineral denies its employee or representative had knowledge of the act, event, condition, or opinion recorded in a particular document. (i) SMF-9 Notice of Meeting from James P. Verhalen dated June 7, 1966 ANSWER: This document was generated or received by an employee or representative of U.S. Mineral in the course of regularly conducted business. Except as reflected in the document itself, U.S. Mineral denies its employee or representative had knowledge of the act, event, condition, or opinion recorded in a particular document. (j) SMF-10 Letter with 3 page attachment to B. Levine, F. Stumpf and H. Wilson from M. Lieff re: Statement on Claim that Sprayed Fiber is a Health Hazard ANSWER: This document was generated or received by an employee or representative of U.S. Mineral in the course of regularly conducted business. Except as reflected in the document itself, U.S. Mineral denies its employee or representative had knowledge of the act, event, condition, or opinion recorded in a particular document. 9 (k) SMF-11 2 page letter to Mr. John Boyer, Cadwalader, Wickerson & Taft from Kenneth W. Smith, M.D., Medical Director re Sprayed Mineral Fiber Manufacturers Association dated July 12, 1966 ANSWER: This document was generated or received by an employee or representative of U.S. Mineral in the course of regularly conducted business. Except as reflected in the document itself, U.S. Mineral denies its employee or representative had knowledge of the act, event, condition, or opinion recorded in a particular document. (1) SMF-12 Letter to Mr. Morris Lieff, Mr. Harry Wilson, Mr. Frank Stumpf, and Mr. Verhalen from H.L. Levine dated July 13, 1966 ANSWER: This document was generated or received by an employee or representative of U.S. Mineral in the course of regularly conducted business. Except as reflected in the document itself, U.S. Mineral denies its employee or representative had knowledge of the act, event, condition, or opinion recorded in a particular document. (m) SMF-13 Letter to J.P. Verhalen from John Boyer dated July 18, 1966 ANSWER: This document was generated or received by an employee or representative of U.S. Mineral in the course of regularly conducted business. Except as reflected in the document itself, U.S. Mineral denies its employee or representative had knowledge of the act, event, condition, or opinion recorded in a particular document. (n) SMF-15 Inter-Office Memo to J.P. Verhalen from J.F. O'Rourke subject: SMFMA General Meeting dated November 18, 1966 10 ANSWER: This document was generated or received by an employee or representative of U.S. Mineral in the course of regularly conducted business. Except as reflected in the document itself, U.S. Mineral denies its employee or representative had knowledge of the act, event, condition, or opinion recorded in a particular document. (o) SMF-19 Letter with 1 page attachment to A.E. Binger, J. Boyer, H.L. Levine, L.C. Jenne, H. Wilson, H. Wittkop, J.F. O'Rourke, F.M. Stumpf, J.P. Verhalen, and M. Lieff from R.H. Toth dated August 11, 1967 ANSWER: This document was generated or received by an employee or representative of U.S. Mineral in the course of regularly conducted business. Except as reflected in the document itself, U.S. Mineral denies its employee or representative had knowledge of the act, event, condition, or opinion recorded in a particular document. (p) SMF-20 Letter with 4 page attachment to A.E. Binger, J. Boyer, H.L. Levine, S. Miller, L.C. Jenne, H. Wilson, H. Wittkop, J.F. O'Rourke, F.M. Stumpf, J.P. Verhalen, and M. Lieff from R.H. Toth dated September 15, 1967 ANSWER: This document was generated or received by an employee or representative of U.S. Mineral in the course of regularly conducted business. Except as reflected in the document itself, U.S. Mineral denies its employee or representative had knowledge of the act, event, condition, or opinion recorded in a particular document. (q) SMF-21 Letter to Frank Stumpf from H.L. Levine dated February 7, 1968 ANSWER: This document was generated or received by an employee or representative of U.S. Mineral in the course of regularly conducted business. Except as reflected in the document itself, U.S. Mineral denies its employee or representative had knowledge of the act, event, condition, or opinion recorded in a particular document. 11 (r) SMF-22 Minutes of Special Meeting of Members of Sprayed Mineral Fiber Manufacturers Association dated May 22, 1968 ANSWER: This document was generated or received by an employee or representative of U.S. Mineral in the course of regularly conducted business. Except as reflected in the document itself, U.S. Mineral denies its employee or representative had knowledge of the act, event, condition, or opinion recorded in a particular document. (s) SMF-23 Letter to H.L. Levine from J.p. Verhalen dated January 25, 1969 ANSWER: U.S. Mineral is unable to determine whether this document was generated or received by an employee or representative of U.S. Mineral in the course of regularly conducted business. Except as reflected in the document itself, U.S. Mineral denies its employee or representative had knowledge of the act, event, condition, or opinion recorded in a particular document. (t) SMF-24 2 page letter to Mr. Jenne, Mr. stumpf, Mr. Lieff and Mr. Binger from H.L. Levine dated April 26, 2969 ANSWER: This document was generated or received by an employee or representative of U.S. Mineral in the course of regularly conducted business. Except as reflected in the document itself, U.S. Mineral denies its employee or representative had knowledge of the act, event, condition, or opinion recorded in a particular document. (u) SMF-25 Letter to H.L. Levine, L.C. Jones and Lieff re: Air Sampling Field Test from Frank M. _______ dated June 11, 1969 ANSWER: This document was generated or received by an employee or representative of U.S. Mineral in the course of regularly conducted business. Except as reflected in the document itself, U.S. Mineral denies its employee or representative had knowledge of the act, event, 12 condition, or opinion recorded in a particular document. (v) SMF 26 Minutes of Annual Meeting of Sprayed Mineral Fiber Manufacturing Association, Inc. with 4 page attachment dated February 3, 1970 ANSWER: After a review of its records, U.S. Mineral denies that this document, with attachment, was generated or received by an employee or representative of U.S. Mineral in the course of regularly conducted business. (w) SMF 27 Letter with 2 page attachment to Board of Directors (Mr. Verhalen, Mr. Lieff, Mr. Boyer, and Mr. Binger) from H.L. Levine dated July 2, 1970 ANSWER: This document was generated or received by an employee or representative of U.S. Mineral in the course of regularly conducted business. Except as reflected in the document itself, U.S. Mineral denies its employee or representative had knowledge of the act, event, condition, or opinion recorded in a particular document. (X) SMF 28 2 page letter with 3 page attachment to Board of Directors (Stumpf, Lieff, Binger, Zahn and Verhalen) from H.L. Levine dated October 8, 1970 ANSWER: This document was generated or received by an employee or representative of U.S. Mineral in the course of regularly conducted business. Except as reflected in the document itself, U.S. Mineral denies its employee or representative had knowledge of the act, event, condition, or opinion recorded in a particular document. (y) SMF 29 Letter with one page attachment to Board of Directors (Mr. Lieff, Mr. Verhalen, Mr. Stumpf, Mr. Binger and Mr. Gahn) from H.L. Levine dated January 5, 1971 13 ANSWER: After a review of its records, U.S. Mineral denies that this document, with attachment, was generated or received by an employee or representative of U.S. Mineral in the course of regularly conducted business. (z) SMF-30 Letter to H.L. Levine from R.S. Williamee dated September 2, 1971 ANSWER: This document was generated or received by an employee or representative of U.S. Mineral in the course of regularly conducted business. Except as reflected in the document itself, U.S. Mineral denies its employee or representative had knowledge of the act, event, condition, or opinion recorded in a particular document. (aa) SMF-31 2 page letter to Dr. James Crowder from J.P. Verhalen dated July 3, 1972 ANSWER: This document was generated or received by an employee or representative of U.S. Mineral in the course of regularly conducted business. Except as reflected in the document itself, U.S. Mineral denies its employee or representative had knowledge of the act, event, condition, or opinion recorded in a particular document. (bb) SMF-32 Recommended Code of Practices for Application of Sprayed Fireproofing Materials (8 pages) ANSWER: This document was generated or received by an employee or representative of U.S. Mineral in the course of regularly conducted business. Except as reflected in the document itself, U.S. Mineral denies its employee or representative had knowledge of the act, event, condition, or opinion recorded in a particular document. However, the copy provided is only 7 pages. 14 VERIFICATION Paulette A. Kaminski states that she is Assistant Secretary for U.S. Mineral Products Company; that she is acquainted with the facts set forth in the Foregoing Answers to Plaintiff Chester Kersham' s Interrogatories; that the same are true and correct to the best of her knowledge, information, and belief. PAULETTE A. KAMINSKI Sworn to and subscribed before me, a Notary Public, this day of , 1991 Notary Public VERIFICATION Paulette A. Kaminski states that she is Assistant Secretary for U.S. Mineral Products Company; that she is acquainted with the facts set forth in U.S. Mineral's Answers to Plaintiff Lawrence Smith's First Set of Interrogatories; that the same are true and correct to the best of her knowledge, information, and belief. ~'ftL t UXl Hx) Vot' n. PAULETTE A* KAMINSKI i Sworn to and subscribed before me, 3a Notary Public, this ^_ day of /w/flAj ___________' l991- arfc<:L.C'C. CaJyL NOTARY PUBLIC PAR71C1A M. DOOLEY NOTARY PUBUC OF NEW JERSEY My Comrrmion Expires July 28.1993