Document 655D64kVzkV2J4DGG7Gw8g736

FILE NAME Reddaway Manufacturing REDD DATE 1993 DOC REDD005 DOCUMENT DESCRIPTION Legal - Defense's Responses to Plaintiff's Interrogatories EXHIBIT STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT ee me me Me hm ye ee RS ee nk tS ye ce ar en ol ee Adeline Malvey as the heirs of Ralph trustee for Erickson Case Type Wrongful Death ASBESTOS vs. ABEX Corporation et al ANSWERS OF REDDAWAY Plaintiff MFG CO INC TO PLAINTIFF'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS SET I Defendants File No. C5-90-6550 re ee ae ae ee Oe a er ke Ye Sc ae ah Sy le Gu me at ene oun Ses Sew wey PLAINTIFF NAMED AND HER ATTORNEYS HERTOGS FLUEGEL SIEBEN POLK JONES & LAVERDIERE P.A. 999 WESTVIEW DRIVE HASTINGS MINNESOTA 55033 COMES NOW defendant Reddaway Mfg Co. Inc. and for its answers to plaintiff's interrogatories and request for production of documents set I 1 Give the correct current name of the named defendant its state of incorporation if a corporation the full street address of its principal place of business its agent for service of process in the State of Minnesota other than the Secretary of State and state whether it is registered to do business in the State of Minnesota ANSWER Reddaway Mfg Co. Inc. Reddaway incorporated in the State of New Jersey in 1890 street address of principal place of business is 32 Euclid Avenue Newark New Jersey 07105 no agent for service of process in the State of Minnesota not registered to do business in the State of Minnesota If you claim insufficiency of service of process and lack of personal or subject matter jurisdiction as a defense to all or part of this action state all facts in support of such defense or defenses ANSWER During the past 12 years Reddaway has had a distributor in Minnesota Brake & Equipment Warehouse Inc. 455 Northeast Harrison Street Minneapolis Minnesota Prior to that time Reddaway does not believe it sold in Minnesota Reddaway01353 Reddaway understands that the plaintiff's decedent was not a resident of Minnesota at time and that the alleged exposure any material to asbestos occurred in France in the year 1946 Identify all companies defunct or extant which are or were related to the named defendant in any way for example as parent subsidiary predecessor successo inr- interest surviving or surviving company in a merger seller or purchaser of assets etc. and which at any time mined milled manufactured sold or distributed asbestos or products containing asbestos and state in full detail the corporate history of those companies including their corporate relationships ANSWER None Describe in detail all asbestos products mined milled manufactured sold or distributed by you including the of the company the name of the product the precise name composition of the product and the period of manufacture of the product ANSWER Reddaway originally manufactured fire hoses and camel's hair belting It currently manufactures asbestos clutch and brake lining From sometime in the decade of the 1930's until November 17 1986 Reddaway incorporated asbestos yarn from time to time into clutch and brake linings Reddaway is unable to determine whether or not its clutch and brake 1940 to 1946 did or did not lining products during contain asbestos Investigation is continuing Describe in detail all insurance coverage which may apply to any liability established by this action including identity of carriers period of coverage and amount of coverage available ANSWER Reddaway has the following coverage may be disputed insurance although INSURER . POLICY NO DATES OF COVERAGE General Accident General Accident General Accident General Accident 40743 431396 442817 462495 62-12 63-12 64-12 65-12 Reddaway01354 General Accident General Accident General Accident General Accident General Accident General Accident General Accident General Accident General Accident General Accident General Accident General Accident Union Indemnity Northbrook Northbrook GLA36-624-73 GLA37-217-04 GLA38-852-59 GLA38-852-59 GLA39-753-11 GLA40-299-39 GLA90-781-77 GLA42-068-79 GLA42-677-15 GLA43-371-30 GLA44-391-95 GLA45-419-01 UGL 10339 22-1002 22-12389 12 66-12 67-12 68-12 69-12 70-12 71-12 72-12 73-12 74-12 75-12 76-12 77-12 81-9 81-9 82-9 United National GA85706 83-5 6 If you claim to have at any time provided to insulators or insulation contractors any warning or caution concerning any danger from inhalation of asbestos fibers give all particulars concerning the same including dates contents manner of communication and if printed size ANSWER No answer required 7 State when and how you first learned that inhalation of asbestos fibers could cause death or serious permanent lung disability ANSWER Not known 8 If you still mine mill manufacture sell or distribute asbestos or containing products give the names and contents of those products where they are sold and an exact description of any cautionary or warning information accompanying them Reddaway01355 ANSWER No answer required When did you first manufacture sell or distribute insulation materials which did not contain asbestos ANSWER Reddaway has not manufactured insulation materials sold or distributed 10 When did you first manufacture sell or distribute insulation materials which did not contain asbestos as a substitute for containing insulation ANSWER Reddaway has not manufactured insulation materials sold or distributed 11 Have you ever taken any measure to reduce or eliminate asbestos fibers from your products ANSWER Yes 12 If your answer to Interrogatory No. 11 is in the affirmative describe those measures in detail and give the dates they were developed or implemented and the reason therefor ANSWER Asbestos was removed from products in November 17 1986. Technology was developed to blend nonasbestos substitutes there was increasing consumer demand for products which did not contain asbestos and asbestos scrap disposal was becoming prohibitively expensive 13 If you continued to sell asbestos insulation products in the United States after August , 1973 did you take any measures to avoid sales of such products in Minnesota If so describe those measures in detail ANSWER Reddaway has products not sold asbestos insulation 14 For purposes of this interrogatory the word claim shall mean a workers compensation claim a civil legal action or simply an informal notification of an assertion of a right to compensation As to all claims made against you before 1970 concerning alleged disease or death from exposure to asbestos fibers state the following a Name and last known address of claimant b Name and last known address of person with disease if other than claimant Reddaway01356 15 on c Date and manner of first notification of claim d Nature of disease alleged , sometime t In 1971 e Manner of exposure e.g. insulation worker factory worker etc. and number of years exposed ae f Full case titles and file number if a formal proceeding of any type was commenced 9 Name and last known address of claimant's attorney h Resolution of claim settlement or verdict amount paid if any ANSWER No such claims known If you have ever taken any measures such as warnings cautions provision of masks or respirators enhancement of ventilation ray or other physical examination etc. to reduce asbestos disease and exposure among your employees in mining milling manufacturing selling or distributing operations state in they are taken when detail what measures they were taken who were taken recommended where or suggested that they be taken taken and who ordered that they be 16 ANSWER Reddaway recalls that asbestos warning labels were placed on all products sometime in 1971. In 1978 a water misting system was installed to meet OSHA dust level standards Mr. Ralph Lanz 5001 Grant Avenue Philadelphia PA 19114 a consultant was hired to develop a dust count monitoring system This system was used until conversion to non- asbestos Reddaway recalls that the system was mandated by OSHA regulations Cahill Clinic of Newark New Jersey began annual rays of all employees in 1978 through the present If any employee in your mining milling manufacturing contracting selling or distributing operations has ever been diagnosed by any physician as having asbestosis or any cancer related to asbestos exposure state the name address date of diagnosis and general circumstances of exposure as to you have sale Minnesota any person so diagnosed before you ceased or distribution of asbestos products in if 17 ANSWER None If you have ever conducted funded commissioned or in any way participated in any studies tests requested research 5 Reddaway01357 experiments or the like concerning the health effects of inhalation of asbestos fibers set forth all dates organization and persons involved sources offunds results and related publications ANSWER No answer required 18 If you know of any tests studies research or experiments concerning the effects of inhalation of asbestos fibers conducted at any time since 1900 by any member of the asbestos products industry miners millers manufacturers sellers etc. or by any group or organization of or related to that industry give the titles dates participating company or organization and responsible individuals ANSWER No answer required 19. State the names of all industry or trade association periodicals to which you subscribed or which you received without subscription at any time from 1900 to the present giving the period of subscription or receipt of each ANSWER : Reddawaiys unable to identify any industry or trade association periodicals for the period in question 20 Identify by name and date all medical texts treatises journals studies c reports whether privately or publicly circulated which you received or obtained at any time from 1900 to the present and which concerned in any way lung disease or occupational health subjects 21. ANSWER Reddawahays no such texts publications treatises or other Give the names and last known home and business addresses of all physicians who were employed contracted or otherwise engaged by you at any time from 1900 to the present and give the dates and purposes for which each such physician was engaged 22. ANSWER None Give the names and last known business and home addresses of all persons whom you employed contracted or otherwise retained as an industrial hygienist at any time from 1900 to the present giving person was engaged dates For and purposes for purposes of this which each such interrogatory an industrial hygienist is one who performs engineering or health studies or cther services to identify evaluate or attempt to eliminate potential occupational health hazards) Reddaway01358 Reddaway01358 23 ANSWER None If you have ever been a member of the Asbestos Textile Institute the National Mineral Asbestos Cement Products Group Wool Association or the state the years of membership identify and identify by date which related in any all and way meetings or conferences attended title all publications received to the dangers of asbestos exposure 24 25 26 ANSWER Reddaway believes that at one point it may have been a member of the Asbestos Textile Institute but does not know any particulars If you were ever a member of the Air Hygiene Committee of the Asbestos Textile Institute state when and identify all meetings of that committee attended by your representative ANSWER No answer required If you have ever been a member of the Industrial Health Foundation IHF give the years of membership identify by names and current addresses any of your employees of representatives who were present at the 20th annual meeting of that organization in Pittsburgh Pennsylvania in November of 1955 and state whether you received that organization's monthly publication known as the Industrial Hygiene Digest ANSWER No answer required State whether you ever requested officials of the IHF to a Perform a search of the medical literature to determine whether any scientists or doctors were reporting cases of insulation workers with asbestosis and cancer or discussing the potential hazards incident to use of the containing insulation products b Perform any studies or research into potential health hazards incident to the use of containing insulation products C. Review governmental publications of Great Britain toward the end of determining whether any research was being conducted by the British Government into any potential health hazards incident to the use of insulation products containing asbestos d Review governmental publications of Great Britain to determine whether the Chief Inspector of Factories or any other British Government agency had issued any regulations or published any findings relative to 7 Reddaway01359 potential health hazards incident to the use of insulation products containing asbestos ANSWER No. 27 If you have ever been an associate or correspondent of the Asbestos Research Council of England list meetings attended and identify by dates and titles and other pertinent identifying information all correspondence or publications sent to that organization or received from it 28 ANSWER No answer required For all insurance companies which carried your workers compensation coverage at any time from 1900 to the present give their names address and dates of coverage ANSWER Object to this interrogatory as being overly burdensome and not reasonably calculated to lead to the discovery of admissable evidence REDDAWAY MANUFACTURING CO INC ay By 7: Edward f/Eggert President Subscribed me this -September -September and sworn to before day of , 1992 Notary Jublic CRAGE FOBBE HOOSEY HOOSEY HOOSEY DACY M. DAC G Y O GO WWF7 WWF7 HOOSEY ul vst HOOSEY HOOSEY # +37 By [02 Robert S. Cragg 19574 Attorneys for Reddaway Mfg 310 Norwest Bank Building 1011 First Street South Hopkins Minnesota 55343 612 933-8993 Reddaway01360 STATE OF NORTH DAKOTA COUNTY OF BURLEIGH IN DISTRICT COURT SOUTH CENTRAL JUDICIAL DISTRICT In Re Albert L. Gipp &ankee AFFIDAVIT OF TODD W. WALKER PRESIDENT OF REDDAWAY Civil No. 2822 STATE OF NEW JERSEY COUNTY OF EXXEX ) ss ) Todd W. Walker being first duly sworn on oath deposes and states as follows 1. My name is Todd W. Walker am currently employed by Reddaway Manufacturing Company Inc. Reddaway a Delaware corporation in the capacity of President Reddaway has its principle place of business in New Jersey I have been employed by Reddaway since December 30 1987. I have personal knowledge of the products manufactured sold and distributed by Reddaway 2 I have personal knowledge of the matters set forth in this affidavit except as to matters herein stated on information and belief and as to such matters I believe the same to be true based on a review of company records and communications with Reddaway employees | 3 Reddaway manufactures industrial brake linings and clutch linings for such uses as mining equipment winches hoist brakes and steam shovel brakes It has not and does not manufacture automotive or truck brake linings or clutch linings For a period of time until November 17 1986 the industrial brake linings manufactured by Reddaway contained asbestos On or about November 17 1986 Reddaway ceased i ~_e Reddaway 00223 manufacturing asbestos containing brake linings or any other asbestos containing products 4. In my capacity I have access to sales records invoices and all other records and documents of Reddaway and have had them reviewed under my direction 5. Upon information and belief since the inception of Reddaway in 1890 through 1991 Reddaway did not make any direct sales or shipments of any products of any kind to the State of North Dakota 6 Upon information and belief since the inception of Reddaway in 1890 Reddaway has never maintained an office in the State of North Dakota 7. Upon information and belief since the inception of Reddaway in 1890 Reddaway has never designated a registered agent in the State of North Dakota for service of process nor has Reddaway registered with the Secretary of State of the State of North Dakota as a foreign corporation doing business in North Dakota 8. Upon information and belief since the inception of Reddaway in 1890 Reddaway has never directed or paid for product advertising by radio television print or any other form within the State of North Dakota 9 Upon information and belief since the inception of Reddaway in 1890 through 1991 Reddaway has never been brought to suit in a North Dakota court nor has it purposely availed itself of the benefits of North Dakota law | 10. Upon information and belief since the inception of Reddaway in 1890 Reddaway has never owned property in the State of North Dakota 11. | Upon information and belief since the inception of Reddaway in 1890 through 1991 Reddaway had not had any oral or written contracts negotiations or any other form of contact or business with or in the State of North Dakota -2- Reddaway 00224 12. Upon information and belief since the inception of Reddaway in 1890 Reddaway has never paid any use real estate or income taxes to or in the State of North Dakota 13. Upon information and belief since the inception of Reddaway in 1890 Reddaway has never maintained an office nor employees within the State of North Dakota 14. Upon information and belief since the inception of Reddaway in 1890 Reddaway has never had a telephone number or listing in the State of North Dakota 15. In 1992 Reddaway started doing business with E & H Industrial Supplies E & H of Casper Wyoming One of the outlets for E & H is Highway 2 West Williston North Dakota On March 20 1992 Reddaway made its first shipment of product to the E & H outlet in Williston North Dakota at the request of the E & H outlet in Casper Wyoming Since that time additional shipments have been made to E & H in Williston North Dakota The shipments in 1992 total 14 in number and represent 29,051.07 of sales The shipments in 1993 total six in number and represent 15,668.06 of sales These sales represent less than .0075 of Reddaway sales respectively for the years 1992 and 1993. None of the products shipped to E & H of Williston North Dakota have been asbestos containing products Copies of all invoices showing shipments of Reddaway products to the State of North Dakota during the time period March 20 1992 through July 21 1993 are attached to this affidavit 16 Reddaway has never been a member of any organization which conspired to deceive the general public concerning the health risks that may be associated with asbestos products Reddaway 00225 17. Reddaway has never been a member of any organization held by a U.S. court to have conspired to deceive the general public concerning the health risks that may be associated with asbestos products Further your affiant sayeth not W. WalkWe alkrer ToddW. Walker m Subscribed and sworn to before me this ST day of October 1993 My Commission Commission Expires 5-13-97 GONZALEZ JERSEY PUBLIC DAISY NOTARY M.GONZALEZ GONZALEZ \. OF JERSEY My Commission Expires May Reddaway 00226 STATE OF NORTH DAKOTA COUNTY OF BURLEIGH IN DISTRICT COURT SOUTH CENTRAL JUDICIAL DISTRICT LuVerne Wedwick ) ) Plaintiff Civil No. 2327 EXHIBIT Abex Corporation et al ) Defendants ) 4-13-12 4-13-12 AFFIDAVIT OF TODD W. WALKER PRESIDENT OF REDDAWAY MANUFACTURING COMPANY INC STATE OF NEW JERSEY COUNTY OF ESSEX ) ) SS ) Todd W. Walker being first duly sworn on oath deposes and states as follows 1 My name is Todd W. Walker I am currently employed by Reddaway Manufacturing Company Inc. Reddaway a Delaware corporation in the capacity of President Reddaway has its principle place of business in New Jersey I have been employed by Reddaway since December 30 1987. I have personal knowledge of the products manufactured sold and distributed by Reddaway 2 I have personal knowledge of the matters set forth in this affidavit except as to matters herein stated on information and belief and as to such matters I believe the same to be true based on a review of company records and communications with Reddaway employees 3. Reddaway manufactures industrial brake linings and clutch linings for such uses as mining equipment winches hoist brakes and steam shovel brakes It has not Reddaway01502 and does not manufacture automotive or truck brake linings or clutch linings For a period of time until November 17 1986 the industrial brake linings manufactured by Reddaway contained asbestos On or about November 17 1986 Reddaway ceased manufacturing asbestos containing brake linings or any other asbestos containing products 4. In my capacity I have access to sales records invoices and all other records and documents of Reddaway and have had them reviewed under my direction 5. Upon information and belief since the inception of Reddaway in 1890 through 1991 Reddaway did not make any direct sales or shipments of any products of any kind to the State of North Dakota 6 Upon information and belief since the inception of Reddaway in 1890 Reddaway has never maintained an office in the State of North Dakota 7. Upon information and belief since the inception of Reddaway in 1890 Reddaway has never designated a registered agent in the State of North Dakota for service of process nor has Reddaway registered with the Secretary of State of the State of North Dakota as a foreign corporation doing business in North Dakota 8 Upon information and belief since the inception of Reddaway in 1890 Reddaway has never directed or paid for product advertising by radio television print or any other form within the State of North Dakota 9 Upon information and belief since the inception of Reddaway in 1890 through 1991 Reddaway has never been brought to suit in a North Dakota court nor has it purposely availed itself of the benefits of North Dakota law 10 | Upon information and belief since the inception of Reddaway in 1890 Reddaway01503 respectively for the years 1992 1993 and 1994. None of the products shipped to E & H of Williston North Dakota have been asbestos containing products Copies of all invoices showing shipments of Reddaway products to the State of North Dakota during the time period March 20 1992 through January 26 1995 are attached to this affidavit 16. Reddaway has never been a member of any organization which conspired to deceive the general public concerning the health risks that may be associated with asbestos products 17 Reddaway has never been a member of any organization held by a U.S. court to have conspired to deceive the general public concerning the health risks that may be associated with asbestos products Further your affiant sayeth not / Dated this 24 day of November 1997 Todd W. Walker Subscribed and sworn to before me this 24th 24th day of November 1997 Baap Notary Public / -- ------ -- -- SEAL DAISY M. GONZALEZ NOTARY PUBLIC OF NEW JERSEY My Commission Expires May 13 2002 Reddaway01505 EXHIBIT STATE OF NORTH DAKOTA COUNTY OF BURLEIGH IN DISTRICT COURT SOUTH CENTRAL JUDICIAL DISTRICT Albert L. Gipp vs. Abex Corporation et al ) ) Plaintiff ) ) ) ) ) ) Defendants ) ) Civil No. 2822 REDDAWAY MANUFACTURING COMPANY INC.'S RESPONSE TO PLAINTIFF'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS SET ) TO ALBERT GIPP AND HIS ATTORNEY DAVID C. THOMPSON OF THOMPSON & BOECHLER P.C. FARGO NORTH DAKOTA Reddaway Manufacturing Company Inc. Reddaway responds as follows to " Plaintiff's Interrogatories and Request for Production of Documents to Defendant Set ) A general objection is made to the interrogatories and requests unduly and unnecessarily burdensome and to the extent that they request information beyond that which is discoverable under the North Dakota Rules of Civil Procedure 1. State the name present business address present residence capacity or title of the individual signing these Interrogatories on behalf of the answering defendant ANSWER Ed Eggert General Sales Manager Reddaway Manufacturing Company Inc. 32 Euclid Avenue Newark New Jersey 2. Please state whether or not you have ever held a certificate of authority to do business in the State of North Dakota and the date thereof the address of your principal place of business and whether you have either assumed the assets and liabilities or whether you have been held by any court to be legally responsible for asbestos manufacturing or sale of any predecessor corporation or entity but including within the definition of predecessor for the purposes of the instant interrogatory a prior manufacturer of any asbestos product line which this answering defendant manufactured a.nat ANSWER No. 3 Please state whether or not you are a corporation If so please state Your correct corporate name The state of incorporation 0 The date of your incorporation The address of your principal place of business The addresses of any other places of business Whether or not you have ever held a certificate of authority to do business in this state g Whether or not you have a registered agent for the purpose of accepting service in this state and if so the name and present address of that agent State your corporate purpose i. State whether or not you have or have had subsidiary or predecessor corporation and if so ANSWER The name of the subsidiary and predecessor .4 Its date of incorporation if a corporation Its state of incorporation Its corporate purposes Reddaway Manufacturing Company Inc. 32 Euclid Avenue Newark New Jersey incorporated in Delaware no subsidiaries 4 State whether you have controlled purchased or in any way acquired any interest including assets of in any corporation or business entity which has mined manufactured produced processed compounded converted sold merchandised supplied distributed and otherwise placed in the stream of commerce asbestos products and if so state a The name and address of said corporation or business entity b The date you controlled purchased or acquired any interest including assets 00 The manner of acquisition including percentage ofownership Identify by summary description all documents with respect to the subject matter of your answer to a above and please attach to the instant interrogatory answers or otherwise produce pursuant to Rule 34 N.D.R.Civ.P. any documents actually effectuating any of the following 1 a merger with a predecessor entity as described in the instant interrogatories 2 any and all written decisions of any court in any jurisdiction addressing successorship liability issues relating to this answering defendant within the context of asbestos- -2- ANSWER No. related personal injury wrongful death property damage and insurance coverage litigation whether or not such decisions have been published as reported decisional law 5 Has Defendant at any time engaged in the manufacture of products containing asbestos fibers If so please state a From what source or sources if any did your company obtain mined asbestos since the year 1930 b Whether any warnings cautions caveats or directions accompanied the material referred to in a and the language nature and presentation of said warning cautions caveats or directions accompanying or relating to said asbestos Approximately what date said warnings cautions caveats or directions first appeared on such mined asbestos referred to in a above e Where the asbestos or asbestos materials were manufactured by me this answering defendant and its predecessor entities as ak described above How long the defendant manufactured asbestos or asbestos me materials Whether any warnings cautions caveats or directions accompany the materials referred to in a and the nature language and graphic presentation of said warnings cautions caveats or directions accompanying said asbestos materials manufactured by this answering defendant and its predecessors Approximately what date said warnings cautions caveats or directions appeared on the manufactured asbestos or asbestos materials ANSWER The names of the suppliers are not known for sure It is possible that the suppliers included Amatex Manville Southern Asbestos and Carolina Asbestos , Yes It is unknown when the warning first appeared Products containing asbestos were manufactured at Newark New Jersey - Unknown Yes The exact nature language and graphics of the warnings are not presently available A warning with language similar to that which was received from those listed in subpart a will be provided Unknown but approximately 1972 -3- 6 Has defendant at any time engaged in the mining of materials containing asbestos fibers and asbestos If so please state a The locations at which the asbestos was mined b How long the defendant mined asbestos C. The types of asbestos mined d Whether any warnings cautions caveats or directions accompanied the materials so shipped the date these appeared and the exact wordings of the warnings cautions caveats or directions and exactly where the warnings cautions caveats or directions appeared ANSWER No. 7. Has defendant at any time engaged in the processing marketing distribution and sale of products containing asbestos fibers including raw asbestos ANSWER Yes 7 8 If the answer to 5 6 and is affirmative please state as to each such affirmative answer the following were relevant ANSWER a The dates of such manufacturing mining or processing marketing distribution and sale specifying as to each b The trade or brand name of each such product mined manufactured and marketed and an indication as to each as to where it was manufactured or processed or mined C. The dates and periods of time that each of such products were placed and maintained on the market d A description of the physical the chemical composition of each such product including the type of asbestos contained in each such product i.e. amosite chrysotile or crocidolite and the quantitative percentage of asbestosis each product including the manufacturing formula mix card etc. for each such product e A description of the physical appearance of each such product f The dates each of such products were withdrawn from the market if applicable g A detailed description of the intended uses of each product This interrogatory is objected to as overbroad and burdensome Reddaway began manufacturing brake linings in 1890. Their products evolved over the past 103 years On November 17 1986 Reddaway ceased manufacturing asbestos containing brake linings -4- 9. Identify with respect to each and every asbestos product as referred in Interrogatory No. 6 above which answering defendant manufactured processed compounded converted sold supplied and distributed the following a State during what period of time such product has been manufactured processed compounded converted sold supplied and distributed by this answering defendant b All sales literature including brochures advertisements pamphlets or other material describing such products their uses and methods of application or installation C. How such products were packaged transported stored or supplied d Any warning labels inserts or other writings provided with such products and with every such printed warnings state what period of time it has or had accompanied the products the exact wording of the warning any amendments and dates thereof made to the wording where the warning was located on each product or packaging and on what asbestos products the warnings appear e Any special instructions provided with such products regarding the use protection or safety procedures to be employed by persons handling such products ANSWER See answer to interrogatory no 8 10 With respect to your answers to Interrogatories Nos 5-9 did you ever claim in any document that your product were either safe effective and easy to handle If so identify all such documents including but not limited to brochures or advertisements radio television or printed and revisions thereof by publication and date ANSWER No. 11. With respect to your answer to Interrogatories Nos 5-9 did you specifically inform purchasers users and bystanders near your products in any manner during any time period that your products could cause cancer asbestosis and other serious diseases If so identify each such warning including documents containing such information by date and location on package or other site or manner of display ANSWER Yes These warnings will be provided 12 Identify any and all labeling or relabeling agreements in existence since 1930 with respect to containing products where any such agreements were entered into between this answering defendant and other entities including other defendants in the instant litigation ANSWER None 13. Identify the method of distribution including any distribution chain or network of wholesalers and distributors of defendant's asbestos products and in summary fashion identify documents by type evidencing or confirming such chain or system of product distribution including but not limited to distribution from and to other defendants in the instant litigation ANSWER See answer to interrogatory no 8 14. Identify your distributors and suppliers of either raw of mined asbestos fiber and asbestos products with which you had business contact since 1930 ANSWER See answer to interrogatory no 8 15 Have any of the products listed in Interrogatory No. 8 above been altered in chemical composition since first being marketed ANSWER Yes but the exact composition and dates of modification are not known Camel hair was used until approximately 1940. Asbestos was used until November 17 1986. Fiberglass products have been used since that time 16. If so please state the name address job title and job responsibilities of each individual who participated in the design and preparation of such altered manufacturing specifications for each such product ANSWER Unknown 17. Do any written memoranda specifications product designs or blueprints or other written material of any kind or character now exist relating to the design comparison preparation and application of said products which has altered formulae or specifications ANSWER No. 18 If so please state a List each such written material or documents b Who presently has possession of each such document C. Where it is located ANSWER Not applicable 19 Prior to or at any time subsequent to the original release of the products --6- listed in Interrogatories Nos 6-8 above for sale were any tests conducted on such products to determine whether potential health hazards were involved in the reasonably foreseeable use of the products themselves or in the use of the packaging which was used with said materials ANSWER No. 20 If so please state a The name address and job classification of each individual who conducted such tests Per The nature and results of such tests Per The dates of said tests Per Pursuant to Rule 34 N.D.R.Civ.P. please attach complete copies of all reports and results of such testing referred to in the instant interrogatory ANSWER Not applicable 21. Do any written memoranda specifications blueprints or other written materials of any kind or character exist relating to the testing of said products or to the packaging of said products including all testing to determine release of asbestos fibers by such products in applications comparable to the reasonably foreseeable use handling installation and removal of such products ANSWER No. 22 If so please state a List each such written material or document b Who presently has possession of each document and where it is located ANSWER Not applicable 23. Did defendant make any changes as a result of such tests including modifications of such products formulae changes in warnings and withdrawal of such products for marketing in the United States ANSWER Not applicable 24 If so please state a The nature of the change made -7- b The name address and job classification of each such person in charge of said change C. The date of said change ANSWER Not applicable 25. As to said asbestos products either as originally manufactured or as modified were any tests conducted thereon to determine potential health hazards involved in the use of materials contained therein or in the handling and use of the packaging containing said product ANSWER No. 26 If so please state a The name address and job classification of each person conducting said tests b The results of said tests ANSWER Not applicable 27 Do any written memoranda specifications recommendations or other written materials of any kind or character relating to the testing of said products or the packaging of the product exist ANSWER No. 28 If so please state a List each such written material or document and its date b Who presently has possession of each such document and where it is located ANSWER Not applicable 29. Did Defendant make any changes as a result of such tests as listed in answer 24 ANSWER Not applicable 30 If so please state a The nature of the change made b The name address and job classification of each person -8- responsible for making such a change C. The date of the change ANSWER Not applicable 31. Identify all distributors including house distribution units of your asbestos products in the states of North Dakota Minnesota South Dakota and Montana and state a The date your product were sold or delivered to each distributor . b The quantities or type of product sold or delivered to said distributors during the years of 1930 through the present C. Identify by summary description what documents exist relating to said distributors d Whether any agreement concerning third party liability has ever existed between you and the distributors and if so if such agreement was in writing attach a copy of such agreement if such agreement was oral then set forth fully the terms and the identity of ee the persons making oral agreement a ANSWER Reddaway has never had distributors or house distribution units of its e asbestos containing products in the states of North Dakota Minnesota e South Dakota or Montana we 32. you ever manufactured distributed or sold asbestos or asbestos products in the United States and then discontinued such activities in this country at any point did you either directly or through subsidiaries or affiliates continue to manufacture distribute or sell or permit by license or other undertaking the continuation of such manufacture distribution and sale by other entities of such asbestos or asbestos products in other countries after such activities had been discontinued by you in the United States a ANSWER No. If the answer to this interrogatory is in the affirmative please describe in detail any and all such foreign activities relating to the manufacture distribution and sale of such asbestos products after such activities had been discontinued by you in the United States 33 Did you at any time assign or license any of your asbestos products to any person firm or corporation If so state a Identify the assignors or licensee -9- b C. d e ANSWER No. The purpose of such assignment or license The name of the product so assigned or licensed The time period of the assignment or license Identify and produce all documents relating to such assignment or license 34 Did you rebrand any or your asbestos products for other companies If so ANSWER a Identify such companies b Indicate the specific products rebranded for each company C. The dates of each such rebranding Yes Abex S.K. Wellman Ceco brake lining products were rebranded for these companies 35. State the names titles and addresses of this answering defendant's advertising agents who were employed or used in connection with the promotion of the products specified in your answers to Interrogatories 6-8 and give us a summary of all the instructions given to such agents regarding the uses safety and health related effects of the use of the products ANSWER None 36 When and how did you first become aware that warnings relating to asbestos health hazards or potential asbestos health hazards had been placed on products distributed by any other entity and state the reason why such warnings of others were not placed on your products at the same time or at least contemporaneously ANSWER Approximately 1972. OSHA advisories 37 If this answering defendant was not engaged in some phase of manufacturing or production of asbestos products state a Whether defendant is or was a supplier distributor manufacturer's agent seller and contractor of asbestos products b For which other entities this answering defendant engaged in any of such activities referenced in subdivision a C. Over what period of time and in which geographical area such activities were conducted d With which asbestos products were answering defendants involved in such activities e What if any warnings including any subsequent warning safety -10- ANSWER procedures or methods undertaken after the sale or distribution of such asbestos products safety procedures or methods were employed by this answering defendant to protect persons against hazards from exposure to said asbestos or asbestos products Not applicable 38. Is this answering defendant aware or possessed of knowledge or information concerning the reported causal connection between exposure to asbestos or asbestos products and a asbestosis lung cancer C. mesothelioma other cancers ANSWER Yes 39. If your answer to Interrogatory No. 38 as to any and all of its subparts is the affirmative identify b ANSWER a b When and how this answering defendant first acquired such knowledge or information of such connection If such knowledge or information was obtained by attendance by an employee of this answering defendant at any conference lecture convention symposium or meeting identify such meeting and provide identity of person attending or documents obtained Approximately 1972 from OSHA advisories No. 40. With regard to any knowledge obtained subsequent to that identified in your answer to Interrogatory No. 38 above identify ; a All documents or other communications oral or written concerning ' the casual connection between exposure to asbestos or asbestos products and disease and identity of persons so communicating Whether this answering defendant obtained this information or _ knowledge from or transmitted any such information or knowledge . to other defendants in this case If so identify 1 manner of receipt or communication for each contact 2 all documents and persons involved -11- -11- ANSWER a b Subsequent to 1972 by OSHA advisories No. 41. As to any knowledge possessed by answering defendant at any time referred to in your answers to Interrogatories Nos 38 39 and 40 did you undertake to inform or educate your employees distributors and ultimate purchasers users and bystanders of the hazards known to you and the safety precautions which would be necessary or desirable to guard against asbestos cancers and other asbestos- caused diseases arising from the use and handling of your products If so identify a When and in what manner customers users or foreseeable bystanders of such products your own production sales and distribution employees and the general public were so informed b Documents communicating or otherwise disseminating such information C. Programs initiated or sponsored to establish or promote safety procedures methods or usage of equipment intended for use in conjunction with such asbestos products d Published articles or reports by employees present or former including those of medical directors scientists engineers or other professionals e Symposia or lectures sponsored for the benefit of asbestos product users and the general public ANSWER Yes OSHA advisories were supplied + tomaine 42. When and by what manner did you first become aware of any such hazards alleged hazards or potential hazards relating to exposure to asbestos or wirante asbestos products by prospective users and bystanders of such products a en ANSWER Approximately 1972 from OSHA advisories 43. Have you ever received notice that any other person was claiming injury as a result of being exposed to breathing and inhaling asbestos or asbestos containing products manufactured sold or distributed by you ANSWER This interrogatory is objected to as being overbroad and burdensome and not reasonably calculated to lead to the discovery of admissible evidence 44 so please state a The name and address of each claimant If such claims number in excess of 100 in each category designated in subdivision c of this interrogatory please list the first 100 such claims in each such -12- ANSWER ^^ ^^ d e category in chronological order The date of notice of each claim A description of the claim i.e. workman's compensation third party products liability action etc. The style and court or administrative agency file number of each claim currently pending The result in resolution of each claim which has been settled or taken to judgment following trial or administrative decision See answer to interrogatory no 43 45 Does defendant have policies of insurance which might cover the claims that have been made by plaintiffs herein ANSWER See attached list of insurance coverage Exhibit A 46. If so please list the names of each insurance carrier who may have coverage the amount of such coverage and the date of each such policy If such coverage is or has been the subject of litigation wherein coverage was disputed please describe in summary fashion all such coverage litigation in so doing providing the venue court file numbers and results where such litigation has been concluded ANSWER See answer to interrogatory no 45 47 Have you ever performed directed to be preformed financed sponsored or received the results of any studies or tests concerning the relationship between asbestos exposure from any products manufactured sold or distributed by you and asbestosis either pleural or parenchymal asbestos fibrotic disease and any forms of cancer If so identify a b C. d e ANSWER No. When where and at what intervals such studies were performed Were such studies in writing or reported at a later date in writing Were the results of such studies published or otherwise disseminated If so state to whom and when Who performed such studies Please produce the results of any and all such studies and attach copies of the same to your interrogatory answers 48. Is this answering defendant aware of the existence of any findings including citations for alleged violations made by any governmental agency body commission or health organization including but not limited to the U.S. Public Health Service U.S. Environmental Protection Agency OSHA or NIOSH concerning specific -13- hazards associated with the use and handling of asbestos and asbestos products in plants or on job sites owned or controlled by you any restrictions in use of same requirements for medical surveillance and examinations for your workers dust monitoring or availability of safety equipment all of which were directed toward a determination of the degree of exposure to asbestos or asbestos products which would not cause disease among employees and toward the prevention or limitation of inhalation or consumption of asbestos fibers or dust in connection with the use of your asbestos products If such findings were made identify a The date or dates of such findings and by which organization or entity such findings were made b The form in which such findings were made and if written the exact wording of same or location in regulation order bulletin report or other writing C. What steps were taken to comply with such findings and the dates when such acts of compliance occurred d How intended users or bystanders near the use of you asbestos products were informed of such findings and if such information was written identify same ANSWER No. 49. Did you perform direct to be performed finance sponsor or receive the results of any asbestos dust monitoring tests at either your manufacturing facilities or at job sites where your asbestos or asbestos products were being applied and removed by workers or under simulated condition If so state The date and location of the first such test C. When where and at what intervals subsequent test were performed Who performed such tests or studies and who funded such tests or studies d Where the results of such tests are maintained What steps were taken by you with respect to your asbestos products to improve or limit asbestos release shown by tests and dates when such improvements were made ANSWER b Yes in 1978 air sampling for asbestos dust Once a year Results submitted to OSHA Air sampling count done by outside hygienist Water mist installed by weaving steel 50 If your answer to the above interrogatory is in the negative state your reasons for not performing such asbestos dust monitoring tests -14- ANSWER Not applicable 51. Identify any medical examination or medical monitoring programs which were offered or sponsored by this answering defendant and its insurance carrier for employees of this answering defendant and its insurance carrier for employees of this answering defendant handling or otherwise being exposed to asbestos and _ asbestos products With respect to each such program state a Manner of communicating with employees about such program b Whether participation in such program was mandatory or optional as a matter of company policy C. What percentage of workers permitted to undergo such examination actually participated What percentage of workers participate in such program were found to have asbestosis lung cancer colon cancer or dom mesothelioma oo ently With respect to d what percentage of such workers were paid disability or workmen's compensation benefits or for whose benefit er medical expenses were paid to undergo treatment for such conditions ANSWER Starting in 1972 all employees were given annual physical check including chest rays and pulmonary function tests Results are given to employees 52. With respect to those medical program identified in defendant's answers to Interrogatory No. 51 state a Whether defendant had a written or unwritten policy that the results of such medical examinations should not be revealed to defendant's employees If your answer to subject a above is in the affirmative did such policy extent to those employees whose medical examination revealed evidence of asbestos diseases including but not limited to asbestosis lung cancer and mesothelioma If such policy was or is written identify all doctors clinics associations and personnel associated with defendant who were instructed as to defendant's policy Whether there is a central repository where the results of such medical examinations or studies are located Whether defendant's policy included instructions to disclose results of medical examinations to the personal physicians of employees or others . Whether defendant performed financed or assisted in performing -15- medical examinations on employees of other entities including but not limited to defendants names in this lawsuit If the answer is in the affirmative list the name of such other entities g Whether defendant performed financed or assisted in performing medical examinations on employees of other corporations of business entities not named as defendants in this lawsuit If the answer is in the affirmative list the name of such corporation or business entities h Identify all documents or agreements setting forth conditions under which such programs were to be performed and instructing the examiner as to disclosure of results i Whether answering defendant admits or denied any policy of nondisclosure have any medical or other corporate personnel employed by defendant now or in the past ever testified as to the existence of such policy of nondisclosure If so identify the witness the date the proceeding and the existence of any transcripts notes of testimony or sworn statements of such witnesses ANSWER See answer to interrogatory no 51 53. Did you since 1930 or do you now maintain either as an employee or consultant a medical director and director of research and development If so identify and state the duties and responsibilities of the position and to which person in the corporate structure the director reports or reported a Methods of dissemination of public relations information to defendant's purchasers advertisers distributors factory workers contractors insulators users consumer of asbestos products and the general public b Safety equipment and protective clothing to be utilized while handling defendant's asbestos products C. Medical programs to be offered or sponsored by defendant ANSWER No. 54 Identify all presidents or chief executive officers employed by you or any of your predecessors from 1930 through the present ANSWER Frank Barton General Manager deceased Fred Graster deceased and William Barton ex officio retired President Grassle 55 Identify all trade organizations associates or other entities including but not limited to the Asbestos Textile Institute A.T.I. the Friction Materials Institute the Industrial Hygiene Foundation I.H.F. the National Insulation Manufacturer's Association -16- N.L.M.A. the Asbestos Information Association A.I.A the National Insulation Contractor's Association N.I.C.A. the Quebec Asbestos Mining Association Q.A.M.A. the Refractory Institute and the Fluid Sealing Association to which you have belonged or in which you have participated since 1930 ANSWER AIA and FMSI 56. Identify all persons attending on your behalf any meetings held by trade or professional organizations associations including those entities identified in answer to Interrogatory No. 55 at which matters relating to asbestos health hazards or potential asbestos health hazards were addressed ANSWER Edward F. Eggert Francis W. Barton 57. Identify the names or nature of all notes reports studies or other writings submitted or received by you and your representatives at meetings identified in answer to Interrogatory No. 56 ANSWER OSHA rules regulations and interpretations 58 Identify any documents received by you from or submitted by you to those trade organizations associations including those entities identified in answer to Interrogatory No. 55 relating to the relationship between asbestos exposure and disease or possible asbestos disease ANSWER None 59. Identify all agreements oral or written between you any of the other defendants in this lawsuit and any other organizations associations or other entities identified in your answer to the preceding interrogatory or any medical or scientific foundations relating to the standardization of a Specifications for containing products b Specifications for paper or burlap bags or other packaging to be used for the transport and storage of asbestos cement C. Warning or caution labels to be applied to asbestos products and their packaging cartons containers or boxes d Methods of dissemination of public relations information to defendant's purchasers advertisers distributors factory workers contractors insulators users consumers of asbestos products and general public e Safety equipment and protective clothing to be utilized while handling defendant's asbestos products grupy Medical programs to be offered or sponsored by defendant -17- ANSWER None 60 Did you ever direct to be performed sponsor finance or ever receive the results of any studies or tests performed by any entity relating to asbestos exposure and its effects upon human life If so identify a All documents summarizing findings or results of those studies or tests which you have in your possession or control b All communications oral or written between answering defendant and the entity conducting said studies and tests C. All documents relating to such studies and test received or submitted by you either directly through associated or predecessor companies through other companies or other entities d By whom the research was conducted giving complete names and addresses e The dates that each such test was conducted f The complete results of each test or study and if published when and where g Whether the research person or organization was an agent or employee of defendant or was paid by defendant for said research h All recommendations or findings of such studies relating to 1 adequacy or inadequacy of threshold limit values 2 substitution of materials other than asbestos to be used in the insulation process i Where documents and communications identified in answers to a of this Interrogatory are maintained ANSWER See answers to interrogatory nos 49 and 51 60A Do you intend to present at trial of the captioned case a defense based in any respect upon alleged Threshold Limit Values TLV's with respect to asbestos exposure If the answer to this interrogatory is in the affirmative please describe with reasonable particularity those facts which underlie the called TLV defense that will be presented ANSWER Unknown at this time asbestos 60B Did you ever rely upon any Threshold Limit Value TLV for in any respect while you were engaged in the manufacture and distribution and sale of asbestos products If the answer to this interrogatory is in the affirmative please state the following -18- a The specific manner in which this answering defendant relied upon TLV's in determining that its asbestos products did or did not present a health hazard to users and bystanders of such product b When in time this answering defendant first began relying upon TLV's for asbestos and how this reliance was altered if so over time C. A specific description of all aspects of the reliance which was placed by this defendant upon TLV's for asbestos including in this description a historical narration of such reliance ANSWER Unknown at this time 61. Identify all physicians who were employed retained or otherwise engaged by answering defendant for the provision of medical services at any of its asbestos product manufacturing facilities from 1930 to the present for the employees working at such facilities ANSWER None 62. Did any of the defendant's medical directors identified in answer to Interrogatory No. 53 physicians identified in answer to Interrogatory No. 61 or other corporate personnel ever make at any time recommendations or suggestions to this answering defendant pertaining to the risks of hazards to person using handling or being exposed to defendant's asbestos products If so state a When such recommendations or suggestions were made b To whom and by whom were such recommendations or suggestions made C. Whether such recommendations included N- implementation of dust monitoring programs N- structural modifications of existing ventilation systems and installation of new ventilation equipment 3 provision of separate locker facilities and protective equipment or clothing for defendant's employees or other persons using handling or being exposed to defendant's asbestos products d Whether employment of any of defendant's medical directors physicians or other corporate personnel was terminated for reasons other than retirement disability or death If so which such physicians and for what reason ANSWER See answer to interrogatory no 36 -19- 63 Identify the scientific or medical periodicals to which defendant its medical department or industrial hygiene division subscribed from 1930 to the present and the dates of such subscriptions ANSWER None 64 Did defendant its medical department or industrial hygiene division maintain a medical and scientific library at any time from 1930 to the present If so state a The dates such library existed b The number of volumes maintained therein C. The number of employees time or time assigned to maintenance of said library and to whom in the corporate structure those employees report Se ANSWER None en 65. Please state the amounts spent or contributed by this answering defendant annually from 1930 to the present time for research into the relationships if any between exposure to and inhalation of smoke dust fibers and particles containing asbestos or asbestos products and any pulmonary pathology ANSWER None 66 Please state the dollar amount annually contributed by this answering defendant to any independent medical research group or groups conducting studies or research into the relationship if any between exposure to containing products and disease pulmonary or otherwise ANSWER None 67 Please state the name and addresses of the organizations or groups conducting the studies or research referred to in answer 66 ANSWER Not applicable 68. Has any employee of answering defendant ever made a claim for asbestosis or any other asbestos or asbestos disease including lung or any other illness under an occupational disease or workers compensation statute of any state If so state a The date that defendant first received notice of any such claim b The total number of such claims per year received to date -20- C. d ANSWER No. The number of such claims for which disability benefits and medical expenses were paid by defendant Identify all persons to whom disability benefits and medical expenses were paid by defendant and the exact medical diagnosis disease and condition for which such expenses were paid 69. How many employees of answering defendant have been known by defendant to be suffering from having suffered from or whose deaths have been caused by asbestosis or mesothelioma State the date such disease of any employee was first known by defendant ANSWER None 70 adjusters Identify all of defendant's compensation disability and health insurance carriers or adjusters from 1930 to the present With respect to each state a Dates of coverage b Whether defendant's insurance rates were ever increased due to health hazards associated with defendant's asbestos products and exposure of defendant's employees thereto C. Whether defendant's insurance rates were ever increased as a result of claims submitted for asbestos diseases and disability d Identify all reports findings studies recommendations communications or other documents issued by such carriers or adjusters to defendant relating to defendant's asbestos products and hazards associated with exposure thereto ANSWER See attached list of insurers 71 Identify each and every magazine and trade publication in which answering defendant advertised its asbestos products from 1925 to the present ANSWER Unknown and objected to as overbroad burdensome and not reasonably calculated to lead to the discovery of admissible evidence 72. Did you discuss or present in any meetings conventions conferences correspondence memoranda or any other writing the costs financial or logistical associated with either making your asbestos products safe or the use thereof less hazardous If so identify all such written or oral presentations by date place and attendance at meetings or appropriate date author and recipient of written material -21- associated therewith Your response should include considerations regarding medical surveillance physical examinations establishment of changing areas separate from the insulation area dust control and monitoring programs availability of safety equipment and general improvement of working conditions This interrogatory requires the identification of not only programs or policies which were instituted but those which were rejected by you alone or in conjunction with others ANSWER No. 72A When was the first time that this answering defendant or any of its predecessors ever installed a dust collector or dust collection system in a portion of its manufacturing or warehouse facilities where asbestos or asbestos products were manufactured stored or handled ANSWER a Late 1940's or early 1950's 73. Have you ever negotiated with labor unions representing workers handling or working with asbestos or asbestos products concerning working conditions safety equipment procedures or other protective measures aimed at eliminating or reducing the risks associated with exposure to such products If so identify when such negotiations took place with what unions and identify all documents reflecting such agreements since 1925 ANSWER No. 74. Identify all documents which exist either in the files of answering defendant or which have been produced in other proceedings or asbestos litigation that represent communications between any of the defendants to this suit other manufacturers he suppliers or distributors or asbestos products the United States government trade organizations including but not limited to the A.T.I. the Friction Materials Institute the Fluid Sealing Association the I.H.F. the N.I.M.A. the A.I.A. the N.I.C.A. the Q.A.M.A. the Refractory Institute or scientific or medical foundations such as Saranac Lake Laboratory or Mt. Sinal School of Medicine ANSWER a Discussing the possible relationship between asbestos exposure and asbestosis lung cancer m~ sotheliomaand other diseases b Medical or scientific studies concerning the relationship between asbestos exposure and asbestosis lung cancer mesothelioma and other diseases C. Discussing the publication or publication or any medical or scientific findings concerning such relationship None with respect to the time period relative to the alleged exposure by Albert Gipp Objection is made to this interrogatory to the extent that it -22- requests information after the alleged exposure by Albert Gipp on the grounds that it would be unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence 75. testifed Identify all employees or consultants retained by this defendant who have spoken or testified relating to this defendant's asbestos products with relation to asbestos health matters generally a In any litigation now pending or previously involving this answering defendant b Before congressional or OSHA proceedings or hearings or investigative or administrative proceedings of any other state or federal governmental agency or unit or communicating in writing with any congressional body or administrative agency state local or federal relating to this subject matter 00 At any symposium course lecture or other meeting 00 With respect to a above identify with reasonable particularity the name of the case court term and number or other description of proceedings and meeting including the times that they took place ANSWER Objection is made to this interrogatory to the extent that it seeks to obtain information concerning consulting experts not retained to testify at trial No employees or consultants retained by Reddaway have testified at trial Reddaway is not familiar with whether these experts have spoken at symposiums courses lectures or meetings concerning asbestos 76. Please identify any and all efforts which have ever been made by this answering defendant and any of its predecessors to influence administrative rule- making and administrative policy with respect to asbestos products manufactured or formerly manufactured by this answering defendant and its predecessors For the purposes of the instant interrogatory the term efforts includes participation in such administrative proceedings by virtue of the presentation of writings in the form of correspondence reports memoranda and argument as well as participation through live testimony oral presentations and informal meetings ANSWER None have 77 Identify all persons who have testified on your behalf and all documents been which have presented on behalf of this answering defendant or its predecessors or utilized for preparation of testimony at OSHA NIOSH Congressional and other state or federal governmental hearings or investigative proceedings on the subjects of the biological effects on human life of exposure to asbestos and asbestos products and the use or protective devices addressing asbestos exposure For all such -23- testimony identify ANSWER a The dates and descriptions of proceedings b The relationship between persons testifying and answering defendant i.e. employee or consultant C. All studies test results or other scientific or medical documents relied upon by said persons as a basis for any recommendations made or testimony given d Whether at any time prior to or following such testimony you were possessed of knowledge of documents suggesting that existing or proposed threshold limit values were not safe or proper or that lower threshold limit values were necessary in order to prevent - asbestos disease If your answer is in the affirmative identify origin or knowledge and all documents relating thereto None 78 Have any investigation or other reports been prepared compiled submitted or made by or on your behalf in this action If so as to each such investigation or report state fully and in detail a b C. ANSWER No. The identity of same by date subject matter name address job title or capacity of the person or persons to whom addressed or directed The name address job title or capacity of the person or person to whom addressed or directed The name address and present whereabouts of the person who had present custody or control thereof and the purpose of such preparation 79 Do you your agent employees or representatives know of any statement having been made by the plaintiffs pertaining to any circumstances of the illnesses which are the subject matter of this lawsuit _ ANSWER None other than his deposition 80 If the answer to the foregoing Interrogatory is in the affirmative was any such statement in writing and if so in whose possession is such statement and when and where may it be inspected by the plaintiffs ANSWER See deposition of Plaintiff Albert Gipp -24- 81. If your answer to Interrogatory 80 is in the affirmative and any such statement was oral please state when and where was any such statement made in whose presence was such statement made and the substance of such statements ANSWER See deposition of Plaintiff Albert Gipp 82 Do you send or have you at any time sent counsel or other representatives to courses or seminars aimed at defending asbestos cases If so please identify such courses or seminars ANSWER No. 83. Identify all expert witnesses whose testimony has been presented at trial within the past five years by this answering defendant in other asbestos cases pending or otherwise on behalf of answering defendant ANSWER None 84 Identify all present or former employees of this answering defendant other a than plaintiffs who have testified against this answering defendant in or before a state or governmental agency or unit litigation matter ANSWER None 85. With respect to your answers to Interrogatories Nos 83 and 84 identify all documents including but not limited to transcripts or notes of testimony employed by or resulting from the testimony of such witnesses or employees ANSWER Not applicable 86 Identify a Any expert whom you intent to call as a witness or otherwise utilize in connection with this litigation b Any worker of plaintiff whom you have interviewed or intend to call as a witness in this litigation ANSWER Unknown at this time 87 If plaintiff was ever employed by answering defendant or worked on a job contracted by answering defendant a Identify any work records employment records or job records with respect thereto -25- ANSWER b Identify any invoices purchase orders or other documents evidencing the use of product manufactured by defendant on said job C. If answering defendant cannot identify documents as to a and b above confirm or deny the existence and use of defendant's products during the relevant time period d Identify any products not manufactured by but relabeled or otherwise altered by defendant and used on said job Unknown but unlikely Dated this day of , 1993 REDDAWAY MANUFACTURING COMPANY INC Subscribed and sworn to before me this day of ' 1993 By Edward Eggert Notary Public My Commission Expires AS TO OBJECTIONS OFFICE P.C. MARING / David S. Maring - 1220 Main Avenue Suite 105 P.O. Box 2103 Fargo North Dakota 58107-2103 Telephone 701 237-5297 MN License No. 67544 ND License No. 31548 ATTORNEYS FOR REDDAWAY MANUFACTURING COMPANY INC -26-