Document 6RXDoQ3Bn8xn88Ld14jj0wK8g

IN THE CIRCUIT COURT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. 85-10770 JOHN DIKUN and CHERYL DIKUN Plaintiffs vs. Armstrong world inddstries, Inc., et al., Defendants. / notice of service of answers to interrogatories Defendants, OWENS-ILLINOIS and U. S. GYPSUM, through counsel, hereby serve their answers to interrogatories propounded by Plaintiffs. I HEREBY CERTIFY that a true copy hereof has been furnished to all counsel of record this 8th day of September, 1986. ROBERT A. HANNAH, of Hannah, Marsee, Beik & Voght Post Office Box 536487 Orlando, Florida 32853 (305) 849-1122 Attorney for 01 and USG DEFINITIONS AND INSTRUCTIONS 1. The words "writing" and "document" are used herein in their broadest sense, and include any original reproduction or copy of any kind of written or documentary material, including, without limi tation, correspondence, memoranda, inter-office communications, notes, diaries, contracts, documents, drawings, plans, specifications, esti mates, vouchers, permits, written ordinances, minutes of meetings, invoices, billings, checks, reports, studies, telegrams, notes of telephone conversations, and notes of any and all communicatons and other means of recording any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols or combinations thereof. 2. Whenever any writing must be described or identified, all writings in the possession or control of the Defendant are included, and all such writings shall be identified by date, authority, addresses, titles, subjects, title of document (contract, invoice, record, letter, or other identifying designation), number and physical description. 3. You are requested to furnish all information in your possession and all information available to you and not merely such information as you know of your personal knowledge, or from buisness records, but also all knowledge that is available to you, your employees, officers and agents, by reason of inquiry including inquiry of their representatives. 4. If you are unable to answer the following interrogatories completely, answer to the extent possible, specifically stating what ever information or knowledge you have concerning the unanswered por tion . 5. As used herein "you" and "your", unless otherwise spe cified, means the Defendant corporation answering these interroga- tories, its subsidiaries and predecessors, its present and former officers, executives, directors, agents and employees and all other persons acting or purporting to act on behalf of the Defendant cor poration or its subsidiaries or predecessors. 6. The term "Defendant's predecessor", is used in its broadest sense and includes all corporations or other entities iden tified in Answer to Interrogatory No. 7a. 7. The term "conducting business", is not limited to asbestos related business. INTERROGATORIES 1. Please state the name, address and job title of each per son who has been supplied information used in answering these interro gatories. AMt ---- - This defendant has resporided to numerous discovery requests for information similar to that which is requested herein. As a result, this defendant has accumulated general information, the source of which is no longer identifiable. 2. Please state whether or not you are a corporation; if so, please state your correct corporate name, the state of your incor poration and the address of your principal place of business. -A--N--S--W---E--R- *- United States Gypsum Company: Delaware 101 South Hacker Dr. Chicago, II 60606 - 3. Please state whether or not Defendant has ever held a certificate of authority to do business in the State of Florida and/or has ever regularly conducted business in Florida. ANSWER: ------------- - This defendant has held a certificate of authority to do business in the State of Florida and has regularly conducted business in Florida. 4. If so, please state the date or dates on which such cer tificate of authority was obtained and/or during which such business was regularly conducted in Florida. ANSWER: Since 1937. ANSWER: ------------- - 5. Please describe the corporate history of the Defendant. NAME United States Gypsum Co. Avery Gypsum Co. United States Gypsum Co. United States Gypsum Co. United States Gypsum Co. United States Gypsumoorp. United States Gypsum Co. INCORORATED 12/27/01; NJ 8/23/20; NJ 8/12/20;IL 12/24/36;DE 8/52; IL 2/4/66; DE 7/1/66; DE DISSOLVED 8/23/20 10/14/27 12/24/36 8/52 2/4/66 7/1/66 ----- 6. Please state whether or not the Defendant has purchased, assumed, or in any other manner acquired any of the assets and/or liablilities of any corporation or entity (such corporations or enti- i ties being limited to those engaged in the mining of asbestos or the manufacturing, marketing or distributing of asbestos products). ANSWER: United States Gypsum Co. acquired the assets of National Asbestos Manufacturing Company in 1936. National Asbestos Manufacturing Co. was located in New Jersey and no longer exists as a corporate entity. Said company was a producer of asbestos-containing pipecovering. United States Gypsum Co. acquired A.P. Green of' Missouri in 1966. A.P. Green is located in Mexico, Missouri, and continues to exist as a separate and independent corporate entity. Said company is primarily a manufacturer of refractory products. A small percentage of the products it manufactured or sold contained asbestos as part of their formulations. 6a. Please produce the documents evidencing the transactions and/or acquisitions mentioned in Interrogatory No. 6. ANSWER: Available documents, to the extent that they exist, are in the possession of this defendant's Secretarial Department. 7. If so, please state the following: ANSWER: a. The name of each such corporation or entity; (a-f) See this defendant's Response to Interrogatory No. 6. ANSWER: b. The manner in which each such corporation or entity, or interest therein, was acquired (e.g., purchase, merger, change of name, transfer or purchase of assets or product line); ANSWER: c. The date of each such acquisition; ANSWER: d. The state in which each such acquisition was effec ted; ANSWER: e. The state law governing each such acquisition if specified by contract; and ANSWER: f. The state of incorporation and principal place of business of each corporation acquired or of each corporation in which an interest was acquired. 8. Please state whether or not Defendant has any subsidiary companies (such companies being limited to those engaged in the mining of asbestos or the manufacturing, marketing or distributing of asbestos products). ANSWER: United States Gypsum Company has no subsidiary companies. 9. If so, please state the name of each company. ANSWER: N/A 10. Has Defendant, Defendant's predecessors or any of Defendant's subsidiary companies at any time engaged in the manufac ture and/or sale of commercial and/or industrial products containing asbestos fibers? ANSWER: Yes. 11. Has Defendant, Defendant's predecessor or any of Defendant's subsidiary companies, at any time, engaged in the mining of asbestos and subsequent sale of commercial and/or industrial pro ducts containing asbestos fibers? ANSWER: This defendant has never mined asbestos. 12. Has Defendant, Defendant's predecessor or any of Defendant's subsidiary companies, at any time, engaged in the marketing, distribution, or sale of commercial and/or industrial pro ducts containing asbestos fibers? ANSWER: yeS. 13. If the answer to one or more of the last five questions is in the affirmative, please state as to each affirmative answer the following: a. The name of the company manufacturing, mining, marketing, distributing or selling such products. ANSWER: United States Gypsum Company. This defendant has never mined asbestos. b. The trade or brand name of each such product mined, manufactured, distributed, marketed or sold during the period 1935 to the present. ANSWER: (b-d) See attached Exhibit 1. ANSWER; c. The date each of such products was placed on the market. ANSWER; d. The date each of such products was withdrawn from the market. e. A description of the physical (the chemical) com position of each such product including the type of asbestos contained in each such product (e.g., amo- site, chrysotile, or crocidolite) and the quan ANSWER; titative percentage of asbestos in each product. Objection. This defendant objects to this Interrogaroty on the basis of confidential trade secrets. Without waiving this objection, this defendant used chrysotile asbestos in its asbestos-containing products. See attached Exhibit 2. ANSWER: f. A description of the physical appearence of each such product. See attached Exhibit 3. ANSWER: g. A detailed description of the intended use of each such product. See attached Exhibit 1. ANSWER: h. The name of the manufacturer of each such product. See attached Exhibit 1. i. The name of the supplier of any raw asbestos fibers and/or asbestos containing products used in the manufac ture of each such product. ANSWER: See attached sheet. 14. Does Defendant or any of its subsidiary companies claim that any patent would ever cover any product listed above in answer to Interrogatory No. 13(b)? ANSWER: This defendant does not maintain its patent files in such a manner as would facilitate retrieval of this information. 15. If so, for each such product, please state: a. The number of each patent. ANSWER: See this defendant's Response to Interrogatory No. 14. ANSWER TO NO. 13 i. The following are known to have been approved suppliers of asbestos: Canadian Johns-Manville, Lake Asbestos of Quebec, Nicolet Industries, Carey Canadian, and Asbestos Corporation. It is unknown which source of supply was used on any particular product, which mines the raw asbestos was mined from and which locations the raw asbestos was shipped from. This defendant has located no documentation to ascertain from whom asbestos was specifically purchased proir to 1973. For the years 1973 through 1976, additional asbestos suppliers to this defendant were Atlas Asbestos, Union Carbide, Pacific Asbestos, Johns Manville and Carey Canada; Atlas Asbestos and Pacific Asbestos shipped only to California. This defendant used chrysotile asbestos in its products which contained asbestos. ANSWER: b. The date same was issued. ANSWER: c. The number of each patent application that is pending. 16. Have any of the products listed above in answer to Interrogatory No. 13(b) been altered in chemical composition since first being marketed? ANSWER: ^ Objection, This defendant objects to this Interrogaroty as. being overbroad and burdensome. There may have been many minor changes over the years due to raw material availability and differing geographical market conditions; however, it would be extremely time consuming and burdensome to document each and every one of these minor changes. 17. If so, please state: ANSWER: --------------- a. The trade name of each such product. N/A ANSWER: b. The date each such product was altered. ANSWER: c. The nature of the alteration. ANSWER: d. The reason for the alteration. 18. What is the name, address, and job title of each indiv dual who participated in the design and preparation of manufacturing specifications for each such product listed above in answer to Interrogatory No. 13(b)? ANSWER. Objection. This defendant objects to this Interrogatory as being overbroad and burdensome. This defendant employed thousands of people since its inception and it would be impossible to determine "the name, address, and the job title of each individual who participated in the design and preparation of manufacturing specifications for each such product." Wotjpit waiving this objection, see this defendant's Response to Interrogatory Ho. 19. 19. Do any written memoranda, specifications, blueprints or other written materials of any kind or character now exist relating to the design and preparation of the products listed in answer to Interrogatory No. 13(b).? ANSWER; See attached sheet. 20. If so, please: a. List each such written material or document. ANSWER; See this defendant's Response to Interrogatory No. 19. ANSWER: b. Identify the person or persons presently in possession of each document. ANSWER: c. State where each such document is located. ANSWER TO NO. 19. This information may be derived from operating bulletins and research reports which are regularly maintained business records of United States Gypsum Company. The burden of deriving or ascertaining the answers is substantially the same for the party serving these interrogatories as it is for United States Gypsum Company. Accordingly, United States Gypsum Company will afford plaintiff the opportunity to examine the relevant operating bulletins and research reports at a mutually convenient time through its offices at 101 South Wacker Dr. Chicago, IL. Some of these documents contain confidential research, developemnts, and commercial information. Accordingly, the relevant research reports will be made available for plaintiff's inspection and copying only pursuant to an appropriate confidentiality stipulation and protective order, through United States Gypsum Company's offices at 101 South Wacker Drive, Chicago, IL . 21. Prior to releasing the products listed in Interrogatory No. 13(b) to the public for sale, were any tests conducted on same to determine the potential health hazards involved in the use of materials contained therein? . ANSWER: Objection. This defendant objects to this Interrogatory as being overbroad and burdensome in that it is not limited to asbestos, the focus of this litigation. 22. If so, please state: a. The name, address and job classification of each individual who conducted such tests. ANSWER: N/A See this defendant's Response to Interrogatory NO. 21. ANSWER: b. The results of such tests. 23. Do any written memoranda, specifications, blueprints, or other materials of any kind or character exist relating to the testing of said products? ANSWER: Objection. This defendant objects to this Interrogatory as being overbroad and burdensome in that it is not'limited tc asbestos, the focus of this litigation. 24. If so, please:......... a. List each such written material or document. ANSWER: N/A See this defendant's Response to Interrogatory No. 23. ANSWER: b. Identify each person who presently has possession of each such document. ANSWER: c. State where each such document is located. 25. Were any design changes made as a result of such tests? ANSWER: N/ A See this defendant's Response to Interrogatory No. 23. 26. If so, please state: a. The nature of the change made. ANSWER; N/A See this defendants Response to Interrogatory No. 23. ANSWER: b. The name, address and job classification of each person in charge of making a change. 27. After releasing the products listed in answer to Interrogatory No. 13(b) to the public, were any tests conducted thereon to determine potential health hazards involved in the use of materials contained therein? ANSWER: Objection. This defendant objects to this Interrogatory as being overbroad and burdensome in that it is not limited to asbestos, the focus of this litigation. Without waiving said objection, this defendant is aware of tests which were performed to measure the release of asbestos fibers during the mixing and sanding of joint compounds. These tests were not specifically conducted "to determine potential health hazards involved in the use of materials contained therein". 28. If so, please state: a. The name, address and job classification of each person conducting said tests. ANSWER: N/A See this defendant's Response to Interrogatory No. 27. ANSWER: b. The results of said tests. 29. Do any written memoranda, specifications, recommen dations or any other written materials of any kind or character rela ting to the potential health hazards of the said products exist? ANSWER: See attached Exhibit 4. ANSWER: 30. If so, please: a. List each such written material or document. See this defendant's Response to Interrogatory No. 29. ANSWER: b. Identify each person who presently has possession of each such document. (b-c) This defendant's Legal Department. ANSWER: c. State where each such document is located. 31. Were any design changes made as a result of such tests? ANSWER: See this defendant's Response to Interrogatory No. 25. 32. If so, please state: a. The nature of the change made. ANSWER: See this defendant's Response to Interrogatory No. 26. ANSWER: b. The name, address and job classification of each person responsible for making such a change. 33. Has Defendant, Defendant's predecessor or any of Defendant's subsidiary companies, at any time, published, and/or distributed any brouchures, pamphlets, packagings or other written materials of any kind or directions concerning the possibility of injury resulting from the use of the products listed in Interrogatory No. 13(b)? ANSWER; See attached Exhibit 4. 34. If so, please state: a. The wording of each such warning. ANSWER: (a-d) See attached Exhibit 4. ANSWER: b. A description of each such printed material. ANSWER: c. The method used to distribute the warning to persons who are likely to use the poducts. ANSWER; d. The date each such warning was issued. ANSWER; e. The name, address, and job classificaton of each person who presently has possession of the above described documents. This defendant's Legal Department. 35. Did Defendant, Defendant's predecessor, or any of Defendant's subsidiary companies receive notice prior to 1968, that any person was claiming injury as a result of using asbestos products manufactured, and/or sold by Defendant, Defendant's predecessor or any of Defendant's subsidiary companies? ANSWER: Not to this defendant's best current knowledge, information and belief. 36. If so, please state: a. The name and address of each claimant. ANSWER; N/A ANSWER; b. The date of notice of each claim. ANSWER: c. A description of the claim. ANSWER: d. The type of injuries allegedly sustained ANSWER; e. The name and address of each attorney representing the individuals making such claims. ANSWER: f. The style and court number of each such claim. ANSWER: g. The resolution of each claim. 37. Have Defendant's asbestos products or those of Defendant's predecessor or Defendant's subsidiaries been marketed and/or sold at any time by companies other than Defendant, Defendant' predecessor, or Defendant's subsidiaries? ANSWER: See attached Exhibit 5. 38. company. If so, please list the name and address of each such ANSWER: See this defendant's Response to Interrogatory No. 37. 39. Does Defendant have, in its possession, any books, pamphlets, memoranda, or written materials of any kind or character that would indicate that asbestos fibers can be hazardous to the health of human beings? -A--N--S--W---E--R- :- United States Gypsum Company maintains two libraries, neither of which deals specifically with industrial hygiene, medicine, safety, or engineering. Induvidual employees of this defendant may maintain personal files on speicific subjects. If the plaintiff will identify the articles, journals or periodicals in which it is interested. United States Gypsum Company will attempt to ascertain whether or not the publication is in its library. ANSWER: 40. If so, please state for each such publication: a. The name of each such publication, document or writ ten material. See this defendant's Response to Interrogatory No. 39. ANSWER: b. The date each such document, memoranda, or written material was published and the name of the publisher and author. ANSWER: c. The date each such document was received by Defendant, Defendant's predecessor or Defendant's subsidiary companies. ANSWER: d. The name, job title and address of each person who currently has possession of such documents. 41. Has Defendant undertaken to investigate the occurrences alleged in Plaintiff's complaints? ANSWER: Such determination has not yet been made. This defendant reserves the right to respond to this Interrogatory at a later date. ANSWER: 42. If so, please state: a. The name, address and job title of the persons par ticipating in each such investigation. N/A ANSWER: b. List each written record pertaining to such investi gation and its location and custodian. ANSWER: c. Has Defendant obtained statements from any wit nesses? ANSWER: d. If so, please list each witness who has given a sta tement and the name, address, and job title of each person having custody of any such statement. 43. Please state whether or not the Defendant, Defendant's predecessor, or Defendant's subsidiary companies, from 1930 to the present, ever conducted any tests in the field (i.e., where the asbestos containing products of Defendant, Defendant's predecessor, or Defendant's subsidiary companies were being applied, removed or used) to determine the nature and extent of asbestos fiber exposure to workers, applicators or fellow employees working in the vicinity , thereof. ANSWER: Not to this defendant's best currnet knowledge, information and belief. See, however, this defendant's Response to Interrogatory No. 27. 44. If so, please identify: a. The date, place and nature of each and every test. ANSWER: N/A ANSWER: b. The particular asbestos containing insulation pro duct to which each test applies. ANSWER: c. The result of each test with particular reference to the number of asbestos fibers per cubic centimeter of air found at each site. 45. Please identify by location and product produced, each plant in which products listed in your answer to Interrogatory No. 13(b) have been manufactured and/or assembled and the dates said plants have been in operation. ANSWER: See attached Exhibit 1. 46. Has sales material been prepared by Defendant, Defendant's predecessor or any of Defendant's subsidiary companies or their agents for purposes of marketing or advertising the asbestos products listed in answer to Interrogatory No. 13(b)? ANSWER: United States Gypsum Company maintains no central repository for the accumulation of the requested information in the ordinary course of business. Documents that have already been identified and gathered to respond to discovery requests in other litigation and that relate to products which plaintiff can establish are relevant to this litigation, will be made available for inspection at a mutually convenient time through United States Gypsum Company's offices at 101 South Wacker Drive, Chicago, IL 60606, pursuant to a properly filed motion to produce. 47. If so, please state: a. The name and address of each person or entity who prepared same. ANSWER: See this defendant's Response to Interrogatory No. 46. ANSWER: b. The name, address, and job title of each person who presently has possession of same. ANSWER: c. The date same was prepared. ANSWER: d. The media used to disseminate the sales material. 48. Has any written material of any kind or character been prepared by Defendant, Defendant's predecessor or any of Defendant's subsidiary companies or their agents indicating how the products listed in answer to Interrogatory No. 13(b) should be used or main tained? ANSWER: See this defendant's Response to Interrogatory No. 46. ANSWER: 49. If so, please state as follows: a. The name, address, and job classification of each person who prepared same. See kis defendant's Response to Interrogatory No. 46. ANSWER: b. The name, address, and job classification of each person who presently has possession of same. ANSWER: c. The dates and manner in which said material was distributed to purchasors of the products listed in answer to Interrogatory No. 13(b). 50. Does Defendant contend that Plaintiff improperly used its products? ANSWER: Such determination has not yet been made. This defendant reserves the right to supplement its response at a later date. 51. If so, please set out in detail in what respect said products were improperly used. ANSWER: . -------------- N/A 52. Please state whether or not Defendant, Defendant's pre decessor, or Defendant's subsidiary companies ever obtained any knowledge concerning the likelihood of asbestos being hazardous to human health. ANSWER: See attached Exhibit 6. 53. If so, please state: a. When Defendant, Defendant's predecessor, or Defendant's subsidiary companies first became aware of the hazardous potential of asbestos dust and ANSWER: asbestos fibers. See attached Exhibit 6. ANSWER: b. The manner in which the Defendant, Defendant's pre decessor, or Defendant's subsidiary companies first obtained this knowledge and became aware of said hazards and from what source this information was obtained. 54. Please state when the Defendant, Defendant's prede cessor, or Defendant's subsidiary companies first acquired knowledge concerning the association between inhalation of asbestos fibers and the contraction of cancer including, but not limited to, mesothelioma and state the source of that information, including a description of all tests conducted relative to the possibility of such a rela tionship . ANSWER: 55. Please state when the Defendant, Defendant's prede cessor, or Defendant's subsidiary companies first acquired knowledge concerning the association between the inhalation of asbestos fibers and the contraction of a lung disease known as asbestosis and state the source of that information, including a description of all tests conducted relative to the possibility of such a relationship. ANSWER: See attached Exhibit 6. 56. Please identify all physicians (including their names and addresses) who were employed, retained or otherwise engaged by Defendant, Defendant's predecessor, or Defendant's subsidiary com panies from 1930 to date for research, investigation or study con cerning asbestos or asbestos-related disease. ANSWER: This defendant has not "employed, retained or otherwise engaged " physicians "for research, investigation or study concerning asbestos or asbestos-related disease". 57. Please identify (including their names and addresses) all persons employed by the Defendant from 1930 to the present time who functioned as industrial hygienists and please state, as to each individual identified, the facility or office to which they were assigned and a complete and precise summary of their duties and respo- sibilities. ANSWER: This defendant employed F. Tremmel, 101 South Wacker Drive, Chicago, IL 60606, as an industrial hygienist in 1986. Proir to that time, this defendant did not employ an industrial hygienist. 58. Please list each individual who acted in a medical advisory capacity to Defendant, Defendant's predecessor, or Defendant's subsidiary companies since 1930 and the current address and job title of each such individual. ANSWER. This defendant first employed a Medical Director in 1939. W. " Highstone, M.D. 1939-1974. C.A. Hedblom, M.D. 101 South Wacker Drive, Chicago, IL 60606 1974-present. In addition,United States Gypsum Company retained or consulted "outside doctors" who provided services to its employees. See attached Exhibit 7. 59. Please state if any medical officer or industrial hygienist or medical consultant ever made at any time, any recommen dations and/or suggestions to the Defendant, Defendant's predecessor, or Defendant's subsidiary companies pertaining to the risk or hazards to persons involved in the manufacture or use of asbestos products and, if so, please state when, by whom and to whom such recommen dations and/or suggestions were made and the substance of each recom mendation . ANSWER: Not to this defendant's best current knowledge, information and belief. Recommendations or suggestions may have been made to individual employees. 60. Please state the scientific or medical periodicals to which the Defendant, Defendant's predecessor, or Defendant's sub sidiary companies, their medical departments, industrial hygiene divi sions or consulting physicians subscribed during the period between 1930 and the present time. ANSWER: See this defendant's Response to Interrogatory No. 39. 61. Does Defendant, Defendant's predecessor, or Defendant's subsidiary companies maintian a library dealing with industrial hygiene, medicine, safety and engineering? If so, state: a. The date each such library was established. ANSWER: See this defendant's Response to Interrogatory No. 39. ANSWER: b. The location of each library. 101 South Wacker Drive, Chicago, IL 60606. This defendant's Research Department also maintains a library. ANSWER: c. The name(s) of the librarian(s) since 1930. Librarians at 101 South Wacker Drive. C. Crabtree P.A. Julien S. Gerrity 1/80-11/80 9/80-9/84 9/84-Present Research Librarian: M. Ehrmann 1961-present Investigation is continuing Chicago, IL 60606 ANSWER: d. All journals subscribed to by Defendant, Defendants predecessor, or Defendant's subsidiary companies concerning asbestos, industrial hygiene, medicine, safety, and/or engineering. (d-e) See this defendant's Response to Interrogatory No. 39. ANSWER: e. All books and articles dealing with asbestos and asbestos-related diseases and the date acquired. 62. Please state whether the Defendant, Defendant's prede cessors, or Defendant's subsidiary companies at any time have been members of any "trade organizatons" or "trade association" composed of other manufacturers, miners and/or sellers of asbestos products and, if so, please identify the name and address of each such association or organization, the dates of membership, and the names of any publi cations issued or written by such association or organization. -A--N--S--W---E--R--:- ,,See attach. ed. _Ex. h.ibit 8. 63. With respect to each trade organization or association listed in answer to Interrogatory No. 62, please state whether the minutes of the group's meetings and any correspondence between the members of such groups, concerning the hazards of asbestos exposure are available and state the names and addresses of the persons pre sently in possession of such minutes and correspondence. ANSWER: See this defendantrs Response to Interrogatory No. 62. 64. Please identify by name the technical and trade asso ciation periodicals to which the Defendant, Defendant's predecessors, or Defendant's subsidiary companies subscribed from 1930 to present date and state whether Defendant, Defendant's predecessor or Defendant's subsidiary companies had knowledge of any articles being printed or withheld from printing, in said periodicals pertaining to the hazardous potential of asbestos. ANSWER: Objection. This Interrogatory is overbroad and unduly burdensome. Without waiving this objection, if plaintiff will identify the technical and trade association periodicals in which it is interested, this defendant will attempt to ascertain whether or not it subscribed to such periodicals. This defendant, to its best current knowledge, information and belief, had no "knowledge of any articles being printed or withheld from printing in said periodicals pertaining to the hazardous potential of asbestos." ANSWER: 65. If so, please state the following: a. The title of each such article. N/A ANSWER: b. The periodical in which each such article was published. ANSWER: c. The date each such article was published. ANSWER: d. A detailed explanation of the reason for withholding any such article for printing. 66. Please state whether Defendant, Defendant's predecessor or Defendant's subsidiary companies, or the agents or employees of such entities, sponsored or attended since 1930 any meeting, seminar, conference, convention or legislative hearing where the subject of occupational health and exposure to asbestos was discussed and, if so, please state the date and place of such meetings and the name and address of any speakers or participants. . -A--N--S--W---E--R- - This defendant is aware that some of its employees attended a seminar led by American Mutual Insurance Company, This defendant's carrier at the time, in Wakefield, MA. in 1968. This defendant believes that the subject of asbestos and certain hazards incident to the use of abestos were discussed. Asbestos was not the focus of said seminar which dealt generally with nuisance dust. This defendant has located no reports or documents at this meeting. 67. Does Defendant contend that asbestos products can be manufactured so as to eliminate all potential health hazards to workers installing same? ANSWER: Objection. Information sought by this Interrogatory is irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Without waiving this objection, this defendant believes that no product "can be manufactured so as to eliminate all potential health hazards to workers installing same." 68. If so, please explain. MWERi n/a 69. Please state if and when the Defendant, Defendant's pre decessors, and/or Defendant's subsidiary companies first determined that any other product could be used in place of asbestos for its' products which presently or in the past contained asbestos and, if so, identify the chemical composition of the product, the date when the above-referenced product was first marketed and the name or trade name under which the product was marketed. -A--N--S--W--E--R-- *- This defendant has found no substance which it considers an equivalent substitute for asbestos. 70. Would any respirators or other breathing devices prevent inhalation of the asbestos dust and fibers contained in the products listed in answer to Interrogatory No. 13(b)? If so, state: a. When the respirator was sold. ANSWER: Objection. This Interrogatory calls for a medical conclusion which no employee of this defendant is qualified to offer. ANSWER: b. A detailed description of such respirator or other breathing devices, including name of manufacturer and model number. ANSWER: c. The basis of your claim that such respirators or other breathing devices will prevent the inhalation of such dust and fibers. ANSWER: d. Identify any tests performed regarding the effica ciousness of such respirators and other breathing devices in preventing the inhalation of asbestos dust and fibers including date, title, author, and number. 71. Please describe in detail the type of packages in which the asbestos products listed in answer to Interrogatory No. 13(b) were sold, listing the date each type of package was used, a physical description thereof, and a description of any printed material or tra demarks that appeared thereon. ANSWER: See attached Exhibit 9. 72. Has Defendant, Defendant's predecessor and/or Defendant's subsidiary companies, at any time, entered into a "re-branding" agreement with any other company, either as a buyer or a seller con cerning asbestos containing materials? ANSWER; in the 1950's - 1970's, United States Gypsum Company purchased asbestos cement board from National Gypsum Company, which was reshipped as received. In addition. United States Gypsum Company drilled this material and rebranded it for sale and use as asbestos lay-in panels in the late 1950's. United States Gypsum Company also purchased pipe covering from a company believed to be named Baldwin Ehret-Hill in the 1930's. Further, see attached Exhibit 5. 73. If your answer to Interrogatory No. 72 is affirmative, please state. as to each such agreement: a. The name of the company manufacturing the asbestos products under such agreement. ANSWER: See this defendant's Response to Interrogatory No. 72. ANSWER: b. The trade name affixed to such products. ANSWER; c. The periods of time covered by each such agreement. ANSWER: d. The volume (in dollar amounts) of each such transac tion . ANSWER; e. The purchaser of such products. 74. Does Defendant currently have possesion of any writtings or contracts concerning such rebranding agreements? ANSWER; Not to this defendant's best currnet knowledge, information and belief. Discovery continues. 75. If the answer to Interrogatory No. 74 is affirmative, please state: a. The name, address and job description of each person having custody of such documents. ANSWER: See this defendant's Response to Interrogatory No. 74. ANSWER: b. A breif description of each such document. ANSWER: c. Please produce copies of said documents. 76. Did any person, prior to 1968, file a claim against any Workman's Compensation carrier covering Defendant, Defendant's prede cessor or any of Defendant's subsidiaries alleging that he or she contracted a disease as a result of exposure to asbestos? NSWER. Not tQ tjjis defendant's best current knowledge, information and belief. ANSWER: 77. If so, please provide the following information: a. A list of each such claim by claimant's name, date filed and jurisdiction involved. N/A ANSWER; b. A brief summary of the disposition of each such claim. 78. Please state the name, present address and present telephone number, along with the experience and qualifications, if applicable, of each and every person, known to Defendant or to Defendant's agents, having knowledge of facts relevent to this case. ANSWER: Objection. Such information, if it exists, would have been developed through discovery and would therefore be as equally available to plaintiff as to this defendant. 79. Please identify each document Defendant will offer in evidence upon the trial of this case to support the defenses contained in Defendant's Answer. ANSWER: Such determination has not yet been made. Discovery continues. 80. Does Defendant admit that service of process was pro perly had on Defendant in this case? ANSWER; This defendant does not contest service of process. 81. If the answer to Interrogatory No. 80 is negative, please explain the reasons for such answer. ANSWER: N/A 82. Does Defendant have policies of insurance that might cover claims that have been made by Plaintiff herein? ANSWER; gee attached Exhibit 10. 83. If so, please list the name of each insurance carrier who may have coverage, the amount of such coverage, and the dates o each such policy. ANSWER: See attached Exhibit 10. Product Name Sabinite Product Tvne/Use Acoustical Plaster Audicote Hi-Lite Red Top Trowel Finish Acoustical Plaster Acoustical Plaster Finish Plaster Oriental Interior Finish Plaster Finish Plaster Red Top Cover Coat Finish Plaster Red Top Patching Plaster Finish Plaster (Dates Approximately) First Last Produced Produced 1930 1930 1930 1930 1930 *1964 1945 1945 *1964 1945 , 1955 1972 1955 1972 1930 1930 1950 1942 1942 1942 1942 1942 1949 1949 1942 1935 1935 1951 1972 1972 1972 1972 1944 1950 1972 1954 EXHIBIT 1 Manufacturing Locations Fort Dodge, IA Midland, CA East Chicago, IN New Brighton, NY Gypsum, OH New Brighton, NY Fort Dodge, IA New Brighton, NY Fort Dodge, IA Gypsum, OH East Chicago, IN Fort Dodge, IA New Brighton, NY Fort Dodge, IA Oakfield, NY Fort Dodge, IA New Brighton, NY Sweetwater, TX Boston, MA Gypsum, OH Philadelphia, PA Jacksonville, FL Norfolk, VA Philadelphia, PA Southard, OK 1929 1942 1942 1944 1947 1946 . 1951 1947 Gypsum, OH New Brighton, NY Nephi, UT Milwaukee, WI South Gate, CA Page 1 of 7 Product Name Product Tvoe/Use Red Top Wood Fiber Plaster - Regular Basecoat Red Top Wood Fiber Plaster - Machine Application Basecoat Cement Plaster Basecoat Regular. Name changed to Gypsum Plaster 7/67; to Red Top Gypsum Plaster 11/68 Red Top Cement Basecoat Plaster for Machine Application. Name changed to Red Top Gypsum Plaster for Machine Application 7/67 Red Top Structo-Lite Gypsum Plaster for Machine Application Basecoat (Dates Approximately) First Last Produced Produced 1945 1945 1945 1945 1945 1945 1945 1945 1945 1948 1948 1952 1972 1952 1959 1963 1963 1965 1966 1967 1960 1952 1972 1960 1959 1972 1961 1972 Manufacturing Locations East Chicago, IN Heath, MT Nephi, UT Midland, CA Fort Dodge, IA Detroit, MI Sweetwater, TX Loveland, CO Southard, OK Plaster City, CA Gerlach, NV Sigurd, UT Empire, NV Plaster City, CA East Chicago, IN 1943 1947 Loveland, CO 1962 1962 1964 1966 1966 1966 Gypsum, OH Detroit, MI Oakfield, NY 1955 1962 Boston, MA Detroit, MI East Chicago, IN Fort Dodge, IA Gypsum, OH Jacksonville, FL Loveland, CO New Brighton, NY Norfolk, VA Oakfield, NY Philadelphia, PA Plasterco, VA Page 2 of 7 Product Name Product Type/Use....... (Dates Approximately) First Last Produced Produced Red Top Structo-Lite Gypsum Plaster for Hachine Application (cont.) 1955 1957 1958 1963 1971 1959 1962 1962 1972 1972 Oriental Exterior Finish Stucco Exterior Finish Stucco 1930 1930 1930 1930 1932 1932 1949 1949 1973 1944 1972 1972 1944 1946 1972 1972 Pyrobar Mortar Mix Aggregated plaster 1969 1969 1970 1972 Sheetrock Radiant Heat Filler Machine Application Specialty plaster 1971 1972 Bondcrete Basecoat 1940 1943 Manufacturing Locations Southard, OK Sweetwater, TX Milwaukee, WI Shoals, IN Plaster City, CA Fort Dodge, IA Detroit, MI Fort Dodge, IA Gypsum, OH New Brighton, NY Oakfield, NY Sweetwater, TX Boston, MA Philadelphia, PA Milwaukee, UI Jacksonville, FL Philadelphia, PA Norfolk, VA East Chicago, IN New Brighton, NY Empire, NV Midland, CA Page 3 of 7 Product Name Product Tvne/Use SPRAYDON STANDARD A SPRAYDON STANDARD G Fireproofing Fireproofing (Dates Approximately) First Last Produced Produced 1966 1971 1968 1970 Manufacturing Locations S. Plainfield, NJ Torrance, CA S. Plainfield, NJ Torrance, CA SPRAYDON P0WERC0TEO Thermal Insulation 1969 1971 Corsicana, TX SprayDon - U. S. Gypsum manufactured this product pursuant to the specification of Sprayon Research Corporation FIRECODE V Fireproofing Plaster FIRECODE D Fireproofing Plaster *xx*ACOUSTONE 120 Ceiling Tile AC0UST0NE 180 Ceiling Tile USG Texture 1964 1968 1959 1967 1966 1964 1964 1975 1976 1976 East Chicago, IN New Brighton, NY Empire, NV New Brighton, NY East Chicago, IN Empire, NV Gypsum, OH Walworth, WI Walworth, WI Gypsum, OH Gypsum, OH Sweetwater, TX Dallas, TX Chamblee, GA Midway, IL South Gate, CA Texolite Texture 1961 1967 Gypsum, OH Dallas, TX New Brighton, NY South Gate, CA Page A of 7 Product Name Pac-Tex Imperial QT Product Tvoe/Use Texture Texture "SHEETROCK" Texture Texture Textone Texture USG Textone Texture Paint USG A-B TEX Texture Paint Texture Paint (Dates Approximately) First Last Produced Produced 1943 1963 1964 1976 1964 1976 Manufacturing Locations South Gate, CA Dallas, TX Sweetwater, TX South Gate, CA Dallas, TX Gypsum, OH Midway, IL New Brighton, NY Chamblee, GA Gypsum, OH Dallas, TX Midway, IL South Gate, CA 1944 1975 1928 1974 1954 1967 1964 1976 1935 1959 only 1973 only 1949 Gypsum, OH Sweetwater, TX South Gate, CA Dallas, TX New Brighton, NY South Gate, CA Gypsum, OH Chamblee, GA New Brighton, NY Sweetwater, TX Chamblee, GA Sweetwater, TX Gypsum, OH Gypsum, OH New Brighton, NY Sweetwater, TX Midway, IL Chamblee, GA South Gate, CA Page 5 of 7 Product Name Product Tvpe/Use Other Products (By generic group) Paste Speckling Putty (Dates Approximately) First Last Produced Produced Manufacturing Locations 1952 1975 New Brighton, NY Gypsum, OH Chamblee, GA Sweetwater, TX Pipecoverings Joint Compounds 1936 1920's? 1938 1976 Jersey City, NJ Gypsum, OH Midway, IL Chamblee, GA Dallas, TX East Chicago, IN Jacksonville, FL Rigid Block Insulation Siding Shingles Roofing 1943 1970 1937 1950 1971 1975 1937 1946 1967 1975 Possible other dates. East Chicago, IN Greenville, MS East Chicago, IN Jersey City, NJ St. Paul,. MN South Gate, CA Thermalux Electric Heating 1961 1965 Shoals, IN (Assembled) Asbestos Cement Insulation purposes where sheet and block insulation would be impractical. 1936 1939 Jersey City, NJ NOTE; Not all products were made at all plants at all times listed. * May have been produced until this date, but sales diminished substantially by the mid-1950's. Page 6 of 7 '-wc oT these products (Red Top Trowel Finish; Oriental Interior Finish Plaster; Red Top Cover Coat Finish Plaster; Red Top Patching Plaster; Red Top Wood Fiber Plaster Regular Basecoat; Red Top Wood Fiber Plaster Machine Application Basecoat; Cement Plaster - Regular, Name-changed to Gypsum Plaster 7/67, to Red Top Gypsum Plaster Basecoat 11/68; Red Top Cement Plaster for Machine Application - Name changed to Red Top Gypsum Basecoat for Machine Application; Red Top Structo-Lite Gypsum Plaster for Machine Application Basecoat; Oriental Exterior Finish Stucco; Pyrobar Mortar Mix; Sheetroclc Radiant Heat Filler - Machine Application) did not have asbestos as part of their formulation at all manufacturing locations at all times. **** some of these products did not have asbestos as part of their formulation. Most of the products identified in this Exhibit have a shelf life of approximately six months, with some variation due to humidity and storage conditions. It is the policy of the defendant to provide this information to all customers. Therefore, date of last production approximates date of last sale, though U. S. Gypsum is not certain whether shelf life guidelines were adhered to by its customers. Reasonable investigation continuing. Page 7 of 7 EXHIBIT 2 PERCENTAGE OF ASBESTOS (VOLUME) Acoustical Plasters Product - - /' DATE. SABINITE "TF" - No Change SABINITS "3" "~ ' 04/18/33 11/03/33 SA3IMITE 38 (HYDRAULIC) ' .: 11/10/30 04/18/32 01/13/37 07/12/39 SABINITE ACOUSTICAL PLASTER . ... - '....... 05/23/JO 01/01/31 06/29/32 05/03/40 SABINITE "!!" and ' SA3INITE SPECIAL WHITE 10/13/40 01/23/48 S SABINITE "A" or SABINITE HYDROC. HI-LITS ACOUSTICAL PLASTER AUDICOTE SPECIAL WHITE ' . 02/27/44 07/28/50 07/23/50 09/18/52 04/04/31 04/18/33 11/03/33 06/09/53 03/31/55 09/15/55 08/24/56 10/31/56 12/14/56 03/27/57 12/02/57 12/02/57 Page 1 of 3 PERCENT ASBESTOS 4.9% 2.0% 4.0% 2.4% 3.0% 2.0%' 3.0% .98% 2.5% 2.0% 4.0%, 4.0% 6.3% 4.0% 3.0% 4.0% 3.0% 4.0% 2.0% 4.0% 6.2% 5.3% 8.25% 7.62% 7.60% 8.0% 7.7% 6.9 s j 22.50% PRODUCT AUDICOTE SPECIAL WHITE (cont'd.) AUDICOTE SATIN WHITE RED TOP ACOUSTICAL PLASTER* * SPRAYDON STANDARD A * SPRAYDON STANDARD G * SPRAYDON POWERCOTE DATE 03/10/58 03/27/58 04/04/58 05/16/58 05/29/58 05/29/58 05/29/59 05/29/59 12/06/60 07/14/61 07/06/62 08/07/62 02/05/64 08/11/64 09/15/55 08/24/56 10/31/56 03/27/57 12/02/57 03/10/58 03/27/58 04/04/58 05/16/58 05/29/58 05/29/58 05/29/59 05/29/59 12/06/60 07/14/61 07/06/62 08/07/62 02/05/64 12/22/64 04/25/51 No Change No Change No Change PERCENT ASBESTOS 7.1% 6.95% 22.50% 16.89% 17.09% 16.89% 16.88% 16.93% 8. 33% 8.46% 7.63% 7.65% 7.64% 7.63% 8.43% 7.78% 7.76% 7.47% 26.24% 8.06% 7.47% 26.24% 19.66% 19.49% 19.66% 19.22% 19.70% 8.60% 8.73% 7.85% 7.87% 7.86% 7.85% 9.7% 29.7% 7.6% 30.0% * SprayDon - U.S. Gypsum manufactured this product pursuant . to the specifications of Spray-On Research Corporation. Page 2 of 8 Texture Products PRODUCT PAC-TEX A-B TEX USG TEXTONE Texture Paint .. DATE 1943 1953 1954 1935 1943 1944 1928 1930 1934 1938 19.4 3 1947 1952 1955 1956 . 1958 1960 1970 1971 . PERCENT ASBESTOS 4.5 . 4.5-6.0 3.5 4.0 4.5 4.0 . . 3.3-4.5 2.8-4.5 3.3-4.5 2.67-5.0 2.67-6.0 2.67-8.0 2.5-3.5 1.2-3.5 2.3-3.5 1.2-6.0 1.2-10.0 .5-10.0 .5-3.5 Special Texture Paint No Change 3.0-4.0 Spray Texture Paint No Change 1.5-2.5 Improved Spray Texture No Change 1.5-2.5 Multi-Purpose Texture No Change 6.0-10.0 Sanded Colored Texture Paint No Change 2.0-4.0 USG Multi-Purpose Texture Paint . 1954 1964 1.0-1.4 6.0-10.0 USG Texture Paint ' SDray Texture Paint USG Multi-Purpose Special White No Change 1966 1968 1969 No Change 2.5 Unknown 5.0 2.0 5.0 PRODUCT USG Multi-Purpose USG Multi-Purpose Special Texture Paint USG Multi-Purpose Spray Texture .' USG Multi-Purpose Spray Texture Spray Texture ,- AB TEX Texture Paint AB TEX Texture Paint USG Texture Multi-Purpose Spray Texture Paint White Spray Texture Paint Spray Texture Paint Simulated Acoustical Spray Simulated Acoustical Spray Spray Texture Spray Texture Simulated Acoustical Spray Simulated Acoustical Spray DATE No Change No Change 1956.......... No Change 1972 1973 No Change No Change No Change No Change 1971 1969 1973 1958 1971 . No Change No Change No Change No Change No Change No Change 1961 1962 Page 4 of 8 PERCENT ASBESTOS '6.0-10.0 4.0 Unknown 4.0 Unknown 4.0 1.5- 2.5 .5 - 1.2-1.6 1.6- 3.5 Unknown 7.3 0 1.5- 3.0 4.5- 6.0 1.5- 3.0 8.0 8.0 1.5- 3.0 1.5- 4.0 8.0 Unknown 8.0 PRODUCT DATE Aggregated Spray Texture - No Change Aggregated Spray Texture 1962 1963 Simulated Acoustical Spray No-Change "QT" Simulated Acoustical Spray 1964 1969 1971 Imperial QT Spray No Change Aggregated Spray No Change Imperial QT Regular Vermiculite . . No Change Spray Texture No Change Smooth Hard Finish No Change Imperial QT Texture No Change USG Super Hard Spray No Change USG Spray Texture No Change Spray Texture Finish No Change USG Texture XII No Change USG Spray Texture No Change USG Texture XII Super Vinyl 1971 1972 USG Spray Texture Finish 1971 1974 SHEETROCK Smoothcoat No Change USG Exterior Texture Kallboard Finish No Change Page 5 of 8 PERCENT ASBESTOS 1.0 1.0 .5-1.5 2.0 2.0 5.0 4.4 1.5 2.8 2.0 5.0 1.0 2.0 1.2 5.0 .1 3.0 5.0 3.0 Unknown 4.0 5.0 1.0 4.0 PRODUCT Extra Hard Fine Imperial QT ' Simulated Acoustical Spray Texture Simulated Acoustical Spray Texture Imperial QT Texture Simulated Acoustical Spray . Simulated Acoustical Spray . Simulated Acoustical Spray Simulated Acoustical Spray Simulated Acoustical Spray Simulated Acoustical Spray Simulated Acoustical Spray . IMPERIAL QT IMPERIAL QT IMPERIAL QT IMPERIAL QT Multi-Purpose Texture Ready-Mixed Simulated Acoustical Spray IMPERIAL QT IMPERIAL QT DATE No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change 1966 1966 1966 Page 6 of 8 PERCENT ASBESTOS 1.0-3.0 8.0 8.0 4.0 6.0 6.5 10.0 8.0 2.5-4.5 2.5-3.5 2.0 2.0 8.0 5.0 4.0 2.6 Unknown 4.0 .94-1 PRODUCT imperial QT ' IMPERIAL QT IMPERIAL QT Polystrene.: . DATE 1966 1966 1966 SHEETROCK Radiant Heat Simulated Acoustical Spray 1966 SHEETROCK Simulated Acoustical Spray 1966 SHEETROCK Simulated Acoustical Spray ' 1966 ' Aggregated Spray Texture . IMPERIAL QT Regular 1966 1967 IMPERIAL QT Regular SC-4 IMPERIAL QT 1967 1968 No Change USG Spray Texture Finish 1965 USG Spray Texute Finish 1965 XH White Aggregated Spray Texture 1968 No Change IMPERIAL QT No Change IMPERIAL QT No Change IMPERIAL QT Coarse Verniculite No Change IMPERIAL QT Coarse Verniculite 1970 1971 Page 7 of 9 PERCENT ASBESTOS 2.0-3.0 3.0 6.0 6.0 2.0 3.5 5.0 ' Unknown 8.0 6.0 2.0 .5 .5 .5-1.5 1.0 2.0 4.0 2.0 5.1 6.1 PRODUCT DATE USG Spray Texture R No Change USG Concrete Ceiling Texture . , . /. No Change TEXTONE Texture Finish .1944 1967 1972 - PERCENT ASBESTOS 1.5 6.0 2.5-4.5 3.5-5.5 2.5-4.5 Miscellaneous Specialty Plasters - Generally less than 1% Fireoroofing Plasters ' Firecode V Firecode V Type D Approximately 12% Approximately 12% Ceiling Tile Acoustone 120* Acoustone 180 Approximately 3% Approximately 3% Texture Products - Approximately 3-5%. Investigation continues as to individual texture products. Paste 5packlino Puttv - Approximately 3% Pipeccverincs - Approximately 30 - 91% Joint Compounds - Approximately 3-5% Ricid Block Insulation - Approximately 10 - 21% Mortar - Less than 1% Siding Shindies - Approximately 12 - 15% Roofing Shincles - Approximately 0.6-1% Variation in asbestos content is usually reflective of formula changes relative to working properties. * Not all formulations contained asbestos. Pace 8 of 3 EXHIBIT 3 ASBESTOS CONTAINING PRODUCTS Acoustical Plasters - grayish-white; Miscellaneous Specialty Plasters - white to off-white plus some pastels for two products; ................. Fireproofing - grayish-white; - -' Fireproofing Plasters - white to off-white; Ceiling Tile - white to off-white Texture Products - white to off-white; Paste Spack-ling Putty, Pipecoverings, Joint Compounds, Rigid Block Insulation, Mortar - white to off-white; Siding - white, gray, ivory, green, brown; Roofing - red, green, blue, brown, black and gray EXHIBIT 4 The following appeared on joint compound packaging, consistent with proposed OSHA standards, in 1972 and on textures in 1973: "Caution: Contains Asbestos Fibers. Avoid Creating Dust. Breathing Asbestos-Dust May Cause Serious Bodily Harm." Additionally, the following was imprinted on joint compound packaging in approximately 1974: "Observe the following precautions: Wet sanding or sponging finished joints is recommended rather than dry sanding to avoid creating dust. If dry sanding, mixing, or otherwise working in a dusty atmosphere containing this material, ventilate, use dust collector, or wear eye protection and a respirator approved by the Bureau of Mines, or NIOSH, to remove nuisance dust." Concerning SprayDon. a product sold and distributed by Sprayon Research Corporation, manufactured by U. S. Gypsum according to that company's specifications, the following appeared on SprayDon bags in approximately June, 1966. "Contains Asbestos" The following appeared on SprayDon in subsequent years. "Caution: This product contains asbestos (1968) "Caution: This product contains asbestos, which may be harmful to lungs if inhaled." (1969) EXHIBIT 5 Asbestos Products Manufactured by United States Gypsum Company for Other Asbestos Producers This defendant is presently aware that it manufactured an asbestos-containing product for National Gypsum Company, for Brickstone Company and for Sprayon Research Corporation. Those products and their production years are as follows: Colored Exterior stucco (National Gypsum Company, mid-1940's through 1970's) Exterior Finish Stucco (Brickstone Company, mid-1960's to late 1960's) SprayDon Fireproofing * (Sprayon Research Corporation 1966-1971) * Sold and distributed by Sprayon Research Corporation and Metropolitan Spray Inc., and manufactured according to Sprayon specifications by this defendant. EXHIBIT 6 V United States Gypsum Company has been aware since the mid-1930's that inhalation of large quantities of asbestos fibers for long periods of time could produce a pneumoconiotic lung condition known as asbest06is. United States Gypsum Company is presently unaware of specifically how it acquired this knowledge. - United States Gypsum Company is now aware that a relationship between the inhalation of asbestos fibers and the development of bronchogenic carcinoma became generally recognized in the medical and scientific community in 1949, as evidenced by an editorial on the subject which appeared in that year in the Journal of the American Medical Association. United States Gypsum Company is not aware of precisely when it first knew of the relationship between the inhalation of asbestos fibers and the development of bronchogenic carcinoma, except that it does know that one of its employees, E. C. Beuthin, United States Gypsum Company's first Safety Director, attended a conference in 1955, at which papers discussing this relationship were presented. United States Gypsum Company is now aware that the first published study which established a direct association between the inhalation of asbestos fibers and the development of mesothelioma was the 1960 epidemiological study entitled "Diffuse Pleural Mesothelioma and Asbestos Exposure in the North Western Cape Province" by J. C. Wagner, et al., which described mesothelioma occurrence among persons exposed to crocidolite. at or near crocidolite mines in South Africa. United States ^ypsum Company is not awar. of. precisely when it first knew of the relationship between the inhalation of asbestos fibers and.the development of mesothelioma, except that it believes that the first employee to become aware of this association was G. R. Krug, one of United States Gypsum Company's former Safety Directors.- Mr. Krug ha6 testified that he first became aware in the early to mid-1960's of the association between exposure to asbestos fibers and the ..... -....development of mesothelioma in asbestos miners. a6 a result of reading articles in newspapers and magazines. -2- * r Medical Personnel Retained/Consulted Oakfield. New York _____ _ R. C. Warn, M.D. J. Diasio. M.D. Chamblee. Georgia ... - -- H. M. Schreeder, M.D. W. C. McGraw, M.D. Greenville. Mississippi J. B. Hirsch. Sr.. M.D. O. Beck, M.D. J. B. Hirsch. Jr., M.D. Corsiciana. Texas A. L. Grizzafi, M.D. Dallas. Texas Launey Medical & Surgical Clinic D. G. Launey, M.D. S. L. Gilbert. M.D. F. C. Atkinson, M.D. R. F. Duchouquette, M.D. W. D. Stevenson, M.D. D. H. Waddell. M.D. R. R. Henry. M.D. Z. L. Darneron. M.D. W. D. Lee. M.D. Page 1 of 4 EXHIBIT 7 Jacksonville. Flor la . _1 J. H. Mitchell. M.D. -------- t- J. L. Mitchell, M. D........ Plasterco. Virginia J. A. Sawyers, M.D. P. W. Cowherd, M.D. Sweetwater, Texas C. A. Rosebrough, M.D. . A. H. Fortner, M.D. -... S. A. Loeb, M.D. ~ J. K. Richardson. M.D*. T. D. Young. M.D. F. Hood. M.D. . R. L. Price. M.D. Detroit. Michigan R. L. St. Louis, M.D. K. Hergt. M.D. East Chicago. Indiana R. J. Liehr. M.D. F. F. Boys, M.D. F. A. Benchik. M.D. G. A. Thegze, M.D. J. Demkowicz, R.N. Fort Dodge. Iowa Fort Dodge Medical Center T. J. Michelfelder, M.D. C. L. Dagle, M.D. M. E. Kraushaar. M.D. Page 2 of 4 Fort Dodge. Iowa at. J. J. Landhuis, M.D. G. L. Leva 1 ley. M.D. J. W. Rathke, M.D. R. H. Brandt. M.D. J. R. Kersten, M.D. W. C. Robb. M.D. H. H. Kersten. M.D. R. E. Woodard, M.D. Gypsum. Ohio C. J. Yeisley, M.D. A. J. Miessner. M.D. P. Hughes, M.D. K. Ritter, M.D. K. Akins. M.D. M. Jennings, R.N. Shoals. Indiana E. B. Lett, M.D. R. E. Chattin. M.D. Empire. Nevada Sparks Medical Clinic J. M. Watson. M.D. M. Raymond. M.D. J. C. Kelly. M.D. F. C. Stokes, M.D. Torrance. California P. Casey. M.D. J. Anable. M.D. Dr. Cook Page 3 of 4 south Gate. Califc iia H. Caesar, M.D. Family Medical Clinic. - (Various physicians. Names unavailable) Firestone Medical Group (Various physicians. Names unavailable) Tacoma. Washington B. Archer, M.D. Walworth. Wisconsin D. R. Hansen, M.D. I. J. Bruhn, M.D. - . . J. A. Carroll, M.D. A. C. Sapida. M.D. Boston. Massachusetts V. Rubin. M.D. E. Staffier, M.D. A. C. Leavitt. M.D. Sullivan Square American Mutual Insurance Clinic Massachusetts General Hospital The plants at New Brighton, New York; Jersey City, New Jersey; St. Paul, Minnesota; Midway, Illinois; South Plainfield. New Jersey; and Midland, California are no longer in operation. Identifiable information on medical personnel is not maintained for plants no longer in operation by United States Gypsum Company. Page 4 of 4 The following represents this defendant's best current information: -- EXHIBIT 8 DATES OF ORGANIZATION MEMBERSHIP HEALTH HAZARDS OF ASBESTOS DISCUSSED AT MEETINGS ATTENDED BY UNITED STATES GYPSUM COMPANY PERSONNEL DOCUMENTS AVAILABLE TC UNITED STATES GYPSUM COMPANY Gypsum Association .. ................. 1930-present _ . Asbestos discussed at all of the following: Membership meetings: .. . 10/27/71 -10/28/71 E. W. Duffy, W. W. Holloway, A. J. Watt 4/5/72 - J. H. Crumbaugh, A. R. Rump, C. G. Gramor, A. J. Watt, M. L. Hepsher, W. W. Holloway 4/4/73 - J. S. Bush, W. W. Holloway, A. J. Watt, C. G. Gramor, J. D. May, J. J. McLaughlin - - Minutes of meetings, but these documents are not in this defendant's files -.... : .. ... v produced to this defendant _ in litigation by Gypsum Association. This defendant does not know if such individuals actually attended meetings " listed in documents produced to this defendant by Gypsum Association in other litigation. Also, some test results are in this defendant's files. 10/10/73 -10/12/73 W. W. Holloway, A. J. Watt Safety Committee Meetings: 9/20/66 - P. D. Fix, G. R. Krug 9/17/67 - C. P. Kipp 3/19/68 - 3/20/68 - G. R. Krug 10/25/71 - W. E. Halley, J. D. Cornell, J. M. Rochers 9/19/73 - J. D. ComeU 3/7/74 - J. D. Cornell. M. R. Helton 8/14/74 - J. D. ComeU Manufacturing & Mining Committee: 4/3/73 - W. W. HoUoway, H. D. Gobrecht Page 1 of 6 HEALTH HAZARDS OF ASBESTOS ' - - DISCUSSED AT MEETINGS------- " - ------- ------------DATES OF -- ATTENDED BY UNITED STATES - ORGANIZATION" MEMBERSHIP ~ GYPSUM COMPANY PERSONNEL DOCUMENTS AVAILABLE TC UNITED STATES GYPSUM COMPANY ----- ~ Gypsum Association (cont.) - ~ Manufacturing & Mining Committee: .......................... . 4/9/74 - W. W. Holloway ... 10/8/74 -W.W. Holloway. H. D. Gobrecht ............... 8/10/76 - J. D. Cornell. K. E. Mohler, W. Lewis ; Technical Committee: 2/14/73 - 12/16/73 - J. H. Crumbaugh 8/1/73 - 8/3/73 J. H. Crumbaugh, A. L. Hampton, R. L. Selbe 11/73 and 1/74 - unknown 2/13/74 - 2/15/74J. H. Crumbaugh 8/7/74 - 8/9/74 J. H. Crumbaugh, R. L. Selbe Board of Directors: 4/5/73, 10/12/73 A. J. Watt Industrial Health Foundation (But not Industrial Hygiene Foundation) 1974-1981 (budget cutbacks forced United States Gypsum Company to drop membership) No business meetings Some "discussionals" Asbestos was discussed at the following meetings: Introduction to Industrial Hygiene Asbestos Sampling Chemicals for Industrial Hygiene C. Roe 1978-1979 Industrial Hygiene Digest Monthly Abstracts 1/74 - 12/81 (JDC's) Annual Business Reports (JDC's) Toxicology Chemicals and Engineering S. H. Benung - 1/10/79 - 1/21/79 Page 2 of 6 .... ,, .. .......... . . ................ ----------- - - - DATES OF ORGANIZATION MEMBERSHIP ~ HEALTH HAZARDS OF ASBESTOS. . . DISCUSSED AT MEETINGS ATTENDED BY UNITED STATES GYPSUM COMPANY PERSONNEL .. DOCUMENTS AVAILABLE T( UNITED STATES GYPSUM COMPANY Industrial Hygiene Techniques Update, Advanced Industrial Hygiene S. H. Beming - 11/12/79 - 11/14/79 Seminar Regarding Industrial Health J. D. Cornell - 6/8/75 - 6/9/75 Other personnel involved: J. D. Cornell, S. H. Beming, K. S. Freeman, C. Roe Lime Association exact date unknown unknown none "National Insulation Manufacturers Association (Founded in 1958) (Now TIMA) Thermal Insulation Manufacturers Association 1973-1974 1974-present unknown none Minutes produced in other litigation (Wm. Simpson deposition) (1958--?) Some mass correspondence letters regarding committees J. D. Cornell was on health and safety, public information, medical and scientific dated 1978 to the present. National Insulation Contractors Association (Associate Member) unknown (perhaps 1972-present?) none NICA by Laws dated 1975; NICA's 1981 Annual Report. National Safety Council 1914-present none Transactions from 1912-1978 records of all presentations and papers produced at Phillip E. Schmidt, depositioi and document production Anril 17.1984. in Neil Woods. National Mineral Wool Association 1943?-1957 mid-1960's mid-1970's none none Page 3 of 6 _ T ~ ORGANIZATION HEALTH HAZARDS OF ASBESTOS ___ ___________ DISCUSSED AT MEETINGS DATES OF i ATTENDED BY UNITED STATES MEMBERSHIP GYPSUM COMPANY PERSONNEL 'Contracting Plaster and Lathers International (Associate Member) 1960-1969 none - - ..................... --------- ----- 'International Association Wall and . Ceiling Contractors (Associate Member) 1970-1976 ' - none 'Gypsum Drywall Contractors International (Associate Member) 1960-1976 unknown none - Association of Wall and Ceiling Contractors Industries International - Gypsum Drywall Contractors International (Associate Member) 1976-1979 none Association of Wall and Ceiling Contractors Industries International 1980-present none American Society of Safety Engineers exact dates unknown unknown American Industrial Hygienists Association exact dates unknown unknown DOCUMENTS AVAILABLE T( UNITED STATES GYPSUM COMPANY Some documents inM. V. Cook's and J. Edwards' files. Some documents in M. V. Cook's and J. Edwards' files. Some documents in M. V. Cook's and J. Edwards' files. Some documents in M. V. Cook's and J. Edwards' files. , none none Page 4 of 6 ____ ____ DATES OF .... ORGANIZATION MEMBERSHIP Employing Plasterers Association (Associate Member) present Metal Lath Association 1950's-1964 Pulp and Paper Institute 1950's-1964 Hardboard Association 1950's-1964 Health and Safety Council of Asbestos Cement Products Association 1967?-1971? Asbestos Information Association of North America Unknown if a member. National Bureau of Standards not a member not a member American Standards Association (never a member; served on committees) became ANSI 1969 similar to ASTM (sustaining member) unknown; involvement at least 15 years ago HEALTH HAZARDS OF ASBESluS DISCUSSED AT MEETINGS ^ _ ATTENDED BY UNITED STATES GYPSUM COMPANY PERSONNEL unknown unknown unknown unknown G. R. Krug - 11/19/68 C. P. Kipp (deceased) or L. A. Tobey (deceased) 2/17/70; 2/18/70; 3/19/70; 5/19/70; 11/19/70 none 1978 - J. D. Cornell, K. S. Freeman (retired) Rockville, MD, jointly sponsored by NBS and NIOSH re: Asbestos and Health unknown DOCUMENTS AVAILABLE TC UNITED STATES GYPSUM COMPANY ........ .... none none none none November 21,1968 memo fror Krug to Kipp re: meeting and various minutes from other meetings. none none Page 5 of 6 dates of ~ ORGANIZATION MEMBERSHIP Asbestos Textile Institute never a member SOEH/IOEH never a member Safe Building Alliance 10/84 present HEALTH HAZARDS OF ASBESTOS DISCUSSED AT MEETINGS ATTENDED BY UNITED STATES GYPSUM COMPANY PERSONNEL none DOCUMENTS AVAILABLE T< UNITED STATES GYPSUM COMPANY- "Occupational Exposures to -------~--none Fibrous and Particulate Dust - ------ and Their Extentions into the Environment" 12/5/77-12/7/77 J. D. Cornell (others?) See below ** See below ** "Membership information pertaining to these organizations is not available in this defendant's files. United States Gypsum Company does not and has not belonged to: Quebec Asbestos Mining Association - QAMA Asbestos Research Council of England Public Health Bulletin Service Plastering and Lath Association Chicago Plastering Institute Perlite Institute ""Objection. Information sought is irrelevant and will lead to the discovery of no admissible evidence. Page 6 of 6 EXHIBIT 9 U. S. Gypsum does not maintain examples of actual packaging in the normal course of business. All packaging contained the product name, this defendant's name, directions and instructions for use. To this defendant's best knowledge, information and belief, the product packaging for its.asbestos-containing products was as-follows:_____ ^ Acoustical Plaster Miscellaneous Plasters Stucco Fireproofing Plaster Joint Compound ' Spray Textures Block Insulation Pipecovering . Spackling Paste Ceiling Tile Asbestos cement Kraft Paper Bags Kraft Paper Bags Kraft Paper Bags Kraft Paper Bags Kraft Paper Bags, metal and plastic buckets and cardboard cartons Kraft Paper Bags, metal and plastic buckets and cardboard cartons Cardboard Cartons Cardboard Cartons Metal and plastic cans, buckets and pails Cardboard Cartons Burlap bags, cardboard cartons Available packaging bulletins dealing with products which plaintiff can establish were relevant to this lawsuit, will be made available to the plaintiff for inspection at a mutually convenient time at 101 South Wacker Drive, Chicago, IL 60606. HIBIT 10 This defendant is primarily insured by the following: Dates Of Coveraoe Carrier Policv Number prior to 4/1/42 unknown unknown . 4/1/42 -- 4/1/43 The Hartford unknown 4/1/43 -- 4/10/49 Liberty Mutual ___ unknown - - 4/10/49 .- 3/10/52 . ... Lloyd' s of London " unknown 3/10/52 - 3/10/55 Lloyd's of London C36693 3/10/55 -- 4/1/58 Lloyd's of London . 642295 4/1/58 4/1/61 Lloyd's of London __ RS907609 4/1/61 -- 4/1/62 ------- r- American Motorists -1 YM 1147000 4/1/62 -- 2/1/63 American Motorists unknown 2/1/63 -- 2/1/64 . American Mutual 2/1/64 -- 2/1/65 v American Mutual 2/1/65 -- 2/1/66 American Mutual . BLPL.952989-12-OD BLPL 952989-12-ID BLPL 952989-12-2D 2/1/66 -- 2/1/67 2/1/67 -- 2/1/68 American Mutual American Mutual BLPL 952989-12-3D BLPL 952989-12-4D 2/1/68 -- 2/1/69 - American Mutual BLPL 952989-12-5D . 2/1/69 -- 2/1/70 2/1/70 -- 4/1/71 4/1/71 -- 2/1/72 American Mutual American Mutual Kemper BLPL 952989-12-6D - BLPL 952989-12-7D 1ZM127-724 2/1/72 - 2/1/73 Kemper 22M127-724 2/1/73 -- 2/1/74 2/1/74 -- 2/1/75 2/1/75 - 7/1/75 Kemper Kemper Kemper 3ZM127--724 4ZM127-724 5ZM127-724 7/1/75 w 7/30/79 The Travelers TR-NSL-135T060-1-75 8/1/79 - 7/31/82 CNA 005 30 96 37 8/1/82 - present Primary self insurance rentention admini- stered by Gallagher Bassett Insurance Service The amount of coverage, if applicable, is sufficient to cover the instant claims. General questions concerning apportionment of claims and application of deductibles are presently before the courts and unresolved. STATE OF ILLINOIS ) . ) ss COUNTY OF COOK ) VERIFICATION I. C. L. Murphy, declare: I am the Manager, Analytical & Administrative Services, of United States Gypsum Company, one of the above named defendants, and am authorized to make this verification for and on behalf of said corporation; I have read the foregoing Answers, Objections, and other Responses to Plaintiff's Interrogatories and am informed and believe that the same is true and on that ground allege that the matters therein stated are true. I declare, under penalty of perjury, that the foregoing is true and correct, and that thi6 declaration was executed on September 4, 1986 in Chicago, Illinois. ; Subscribe and sworn to before me this ,4th day Of September . 1986 Notary Public !