Document 65p8EoxXzvONpVdOy6b2VdpB3

IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO ANTHONY MARIO GRECO et al., CASE NOS. 323629-323678 Plaintiffs, VS. A-BEST PRODUCTS COMPANY, et al. (HANNA, J.) IN RE: ALL BARON & BUDD ASBESTOS CASES Defendants. VERIFICATION COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY ) : ) I, H. Kennedy Linge, Associate General Counsel of PPG industries, Inc., a Pennsylvania corporation, being first duly sworn, depose and say, i am authorized to make this Verification on behalf of PPG Industries, Inc., and while I have no personal knowledge, based on review of records and information received, the statements made in the Answers to Plaintiffs' Master Set of Interrogatories Propounded to PPG Industries, Inc. are true and correct. FURTHER THE AFFIANT SAYETH NOT. H. Kennedy Linge Associate General Counsel PPG Industries, Inc. SWORN to and subscribed before me this 3.V. day of 1997. NOTARY PUBLIC J Notarial Seal Jeanette E. Mooney. Notary Public Mt. Oliver Boro. Allegheny County My Convrtiesiop Expires April 1.2000 M*mber. ?may*vrH Association cl Natsries ANSWERS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES PROPOUNDED TO PPG INDUSTRIES. INC- CORPORATE NAME 1. For each Interrogatory below, please state the name and last known address of each person answering it, including whether he/she is employed by Defendant and if employed by Defendant include job title, length of time employed by Defendant and a year by year list of all other positions, titles, or jobs held when working for Defendant. ANSWER: The infbrmatron herein is being provided by Ken Linge with the assistance of outside counsel for PPG Industries, inc. Ken Unge has held the following positions with PPG Industries, Inc.: 1/17/97 8/1/94-pr 10/1/91 2/1/88 3/1/87 11 /I /80 Vice President, Associate General Counsel and Secretary Associate General Counsel and Secretary Treasurer Corporate Counsel & Assistant Secretary Senior Counsel& Assistant Secretary Senior Counsel EVER SELL ASBESTOS 5. Has Defendant ever engaged in the mining, manufacturing, selling, marketing, installation or distribution of asbestos-containing products? If so, please state the following: (a) The name of the company engaged in the activity (whether it is Defendant, Defendant's predecessor, or Defendant's subsidiary); (b) As to each product mined, manufactured, sold, marketed, installed or distributed, please state the following: 1. The trade or brand name. 2. Its identification number (model, serial number, etc.) 3. The time period it was manufactured, mined, marketed, distributed or sold. 4. Its physical description including color, general composition, and form. 5. A detailed description of its intended use and purpose. 6. A detailed description of the type package in which it was sold, listing the dates of each type of package used, a physical description of the package, and a description of any printed material or trademarks that appeared thereon. 7. The percent of asbestos which it contained. 8. The percent of asbestos by asbestos type (amosite, crocidolite, tremolite, anthophyllite). (c) The time period during which each of these products were on the market; (d) The material components/ingredients of each such product, giving specific or approximate percentage IS both by weight and by volume of each material component/ingredient (this interrogatory is not limited to the asbestos component of the product but seeks information as to the nature, weight and volume of non-asbestos ingredients, as well) of each such product; (e) How each of these asbestos-containing product can be distinguished from those of competitors; (f) A description of the physical appearance of such product; (g) A detailed description of the intended uses. ANSWER: PPG objects to Interrogatory No. 5 insofar as it seeks information about products to which plaintiffs do not claim exposure as not being calculated to lead to the discovery of relevant information. Without waiving this objection, PPG answers as follows: PPG is unable to vouch for the contents of all products made or sold by PPG in its more than 110 year corporate history. PPG is also unable to ascertain whether some products at some times may have contained asbestos containing components. PPG has never manufactured an asbestos containing thermal insulation product, and is not a member of the "asbestos industry" in the sense typically used in asbestos litigation. However, from 1969-1971, PPG purchased and resold, under an oral rebranding agreement, a limited amount of asbestos containing thermal insulation manufactured by Fibreboard Corporation, under the trademark Pyrocal. The Fibreboard Pyrocai product was designed, manufactured, processed, boxed, patented, labeled and shipped by Fibreboard Corporation directly to the customer. Such product was resold by PPG without any further testing, change or alteration, or with any change in the container or labeling. To the best of PPG's knowledge, the Fibreboard Pyrocal product was supplied by Fibreboard at all relevant times with the following warning label: "Caution/ This product contains asbestos fiber. If dust is created when this product is handled, avoid breathing the dust. If adequate ventilation control is not possible, wear respirator approved by the U.S. Bureau of Mines." To the best of PPG's knowledge and information, this label was placed on Fibreboard's products starting in 1966, before the oral rebranding agreement took effect. 19 For an unknown period prior to 1962 through 1962, PPG manufactured a sound-deadener (no trade name) which contained a minimal amount (less than 5%) of chrysotile asbestos. To the best of PPG's knowledge, this specialty product was manufactured in very limited amounts and was used as a sound-deadener on the interior of housings for steam turbines. To the best knowledge of PPG, the asbestos in this product was encapsulated and non-friable. From 1965-1975, this sound-deadener product was manufactured by another entity (unrelated to PPG) and distributed by PPG. In addition, for a period of time, PPG offered for sale as one of a number of possible configurations an insulated spandrel window framing system with the trademark Insulated Spandrelite that, upon request from a customer, contained an asbestos containing cement board inside the unit. To PPG's belief, the majority of the Insulated Spandrelite units sold by PPG contained either fiberglass or mineral wool insulation. PPG believes that such an option was available from approximately 1974-1977, but has not located records of to whom, if anybody, such units were sold; how much was sold; or any more definite information of the time period involved. The Insulated Spandrelite unit described above was fabricated by PPG before installation, was installed as fabricated without change at a job site, and as used in construction was self-contained and the asbestos containing cement board was not exposed to the atmosphere. Between 1974 and 1976, PPG was a distributor of an asbestos-containing architectural wall board manufactured by a Belgian company called Eternit. PPG has not located records of the sales of this product, or how much was distributed by PPG. The trade names for this product were Flexweld and Glasweld. At all times these products were stamped with the OSHA mandated warning label and precautionary instructions. PPG does not presently have knowledge of any other products manufactured, sold, or distributed by PPG for industrial use that contained asbestos. PPG has never been engaged in the mining of asbestos. 6. Does Defendant or any of its subsidiary companies claim that any patent would cover any product listed in answer to Interrogatory No. 5? If so, please state the following: (a) The date of each patent; (b) The date same was issued; 20 ANSWER: (2) The specific asbestos-containing products that were used ore removed in each contract. No. 11. Did Defendant ever have any division or subsidiary engaged in the contract business of applying or removing asbestos-containing refractory? if so, please give the name of each subdivision, the full address of the home office and the date such subdivision or subsidiary was engaged in this contracting business. ANSWER: No. 12. Please identify by location and product produced, each plant in which products listed in your answer to Interrogatory No. 5 have been manufactured and/or assembled and the dates said plants have been in operation. ANSWER: See Answer to Interrogatory No 5. In addition, prior to 1962 the sound deadener product was produced by PPG at a facility on the North Side of Pittsburgh, which was demolished in 1962-1963. 13. Has Defendant at any time, entered into a "rebranding" agreement with any other company, either as a buyer or a seller, concerning any asbestoscontaining products and/or materials? If so. please state: 30 (a) The name of the company manufacturing the asbestos products under such agreement; (b) The trade name affixed to such products; (c) The periods of time covered by each such agreement; (d) The volume (in dollars amounts) of each such transaction; (e) The purchaser of such products; (f) Does Defendant currently have in its possession any of the writings or contracts concerning such rebranding agreement? ANSWER: See Answer to Interrogatory No 5. 13.1 Have you ever owned or operated a business or portion thereof which engaged in construction, erection or tear out of furnaces, pipes, boilers, turbines, lehrs, ovens, kilns, etc? If so, please state: (a) the same of said business; (b) the date of commencing business and cessation of business, if applicable; (c) type of construction or tear out performed; (d) state whether said business installed or supplied asbestos-containing products on the furnaces, pipes, boilers, turbines, leers, etc., i.e., gaskets, pipecovering, block, cement, rope, cloth, clothes, etc., 31 57. Please state the name and address of each person who has knowledge of relevant facts regarding claims and defenses of this lawsuit. ANSWER: Unknown at this time. 58. State the last date that this Defendant sold, distributed, manufactured, installed, and/or otherwise placed asbestos-containing products into the stream of commerce. ANSWER: See Answer to Interrogatory No. 5. As to objections: Reginald S. Kramer Attorneys for Defendant, PPG Industries, Inc. 64 Respectfully submitted. Reginald S. Rramer (#0024201) BUCKINGHAM, DOOLITTLE & BURROUGHS A Legal Professional Association 50 S. Main Street, P.O. Box 1500 Akron, Ohio 44309-1500 (330) 376-5300 Of Counsel: George E. McGrann DICKIE, McCAMEY & CHICOTE Two PPG Place Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 Attorneys for Defendant, PPG Industries, Inc. CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the foregoing Answers to Plaintiffs' Master Set of Interrogatories Propounded to PPG Industries, Inc., was served upon Steven D. Wolens, Esq. and Ladd Gibke, Esq., Attorneys for Plaintiffs, at Baron & Budd, The Centrum, 3102 Oak Lawn Avenue, Suite 1100, Dallas, Texas 75219-4281, by regular U.S. Mail, first-class postage prepaid, this yV^-day of September, 1997. AKJ;7204J_U Reginald S. Kramer (#0024201) Attorneys for Defendant, PPG Industries, Inc. 66