Document 6bLmbXNbb3DOgLjoagjRxxqdR
IN RE: ALL ASBESTOS-RELATED
INJURY OR DEATH CASES FILED BY BARON & BUDD, P,C. OR TO BE FILED BY BARON & BUDD, P.C. IN DALLAS COUNTY, TEXAS
$ S $ $
IN THE DISTRICT COURTS OF DALLAS COUNTY, TEXAS 160TH JUDICIAL DISTRICT
def:
U. S. GYPSUM COMPANY'S
ANSWERS TO PLAINTIFFS' INTERROGATORIES
TO: Plaintiffs, by and through their attorney of record. Hr. Russell W. Budd, Baron & Budd, P.C., The Centrum, 3102 Oak Lawn Ave., Ste. 1100, Dallas, TX 75219
COMES NOW, U. S. GYPSUM COMPANY, Defendant in the above-
entitled and numbered cause, and files the attached Answers to
Plaintiffs' Interrogatories.
Respectfully submitted.
DeHAY & ELLISTON, L.L.P. 1500 Maxus Energy Tower 717 North Harwood Street Dallas, Texas 75201-6508 Telephone: (214) 953-5454 Telefax *7 (214) 9*3-5455
JAVID W. CROWE State Bar No. 05164250
CERTIFICATE QF service
I hereby certify that a true and correct copy of the above and
foregoing document has been forwarded to Plaintiffs' counsel of
record, Mr. Russell W. Budd, Baron & Budd, 8333 Douglas Avenue,
Suite 1000, Dallas, Texas 75225, by Certified Mail, return receipt
requested, on the
day of M^/, 1993.
5AVID W.
DEFENDANT U. S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS * INTERROGATORIES f:\asb3\uflg.rog
I! PLAINTIFFS * ^ EXHIBIT
Page 1
PREFATORY STAT
United States Gypsum Company (hereinafter "U.S. Gypsum") has, to the best of its abilities, gathered non-privileged documents into a document repository for inspection by plaintiffs' counsel in response to requests for production served in asbestos litigation. These documents provide information that supplements and expands upon that provided in these answers to Interrogatories, U.S. Gypsum hereby offers to make available these documents at a mutually convenient time at its offices at 125 S. Franklin Street, Chicago,
Illinois.
In giving its response to Interrogatories as to asbestos*
containing products, U.S. Gypsum refers to products containing
commercial asbestos as part of their formulation and to the type of
commercial asbestos used as part of the formulation.
.
PBJECTIQKS
U.S. Gypsum objects to the manner in which plaintiff has defined U.S. Gypsum to the extent that plaintiff purports to include in its definition of U.S. Gypsum its subsidiaries and predecessors in interest, its present and former officers, executives, directors, agents, employees and all other persons acting or purporting to act on behalf of U.S. Gypsum. In that U.S. Gypsum is the named defendant, this definition is overly broad and would require U.S. Gypsum to engage in unduly burdensome research, divulge privileged information and produce privileged documents. This defendant, U.S. Gypsum Company, responds to these Interrogato ries on behalf of itself.
U.S. Gypsum further objects to these Interrogatories to the extent they ask for "identification" of voluminous documents on the ground that they are overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. As set forth infra. U.S. Gypsum will produce documents which are the proper subjects of an appropriate document request.
DEFENDANT 0. S. GYPSUM COMPANY * S ANSWERS TO PLAINTIFFS' INTERROGATORIES :\asb3\usg.rog
Page 2
ANSWERS TO INTERROGATORIES
INTERROGATORY NO. Is
For each document listed below, please answer whether such document is a true and correct duplicate of a genuine and authentic document;
EXHIBIT NO.
DESCRIPTION
a) USG7
Letter 8/17/36 T.R. Parrish to Scott, MacLeish & Falk
b) USG44
Letter 5/11/37 Vandiver Brown to J. S. Offutt enclosing Dr. Gardner's first report dated 5/5/37
c) USG122
d) USG164 e) DSG167 f) USG181 g) USG189 h) USG200 i) USG223
j) USG224 k) USG225
Memo 11/1/71 C. P. Kipp to Tobey, Thiel, Snell,
Watt, Holloway, et al, with attached newspaper
articles, "Asbestos Now Linked to Cancer",
10/21/71, and "Asbestos Seen Cancer Factor", by
Thomas O'Toole
.
10/4/37 New Bulletin - Elimination of Dusty Conditions
2/11/54 General Order Bulletin Elimination of Dusty Condition
Letter 5/5/37 to G. D. King from J. S. Offutt
Memo 3/24/82 Torrey to Snell
Letter 9/16/37 Scharwath to Barrett
Copy of article titled "Dr. Morris Fishbein's Daily Health Service, Most Industrial Dust is Not Injurious to Lungs of Workers, Chico Cal. Enter prise. October 23, 1932. United States Gypsum Library Chicago stamped in upper right corner of page.
Article titled "United States Gypsum Company Acquires Properties of National Asbestos Mfg. Company", Asbestos. page 12, March 1936
Memorandum dated August 13, 1936 from General Service Manager to W. L. Keady, Vice President; re: Dust Survey - Jersey City.
DEFENDANT U. S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES :\agb3\uag.rog
Rage 3
l) USG226 m) USG229 n) USG230 o) USG231 p) USG232
q) USG233 r) USG234 s) USG235
t) USG236 U) USG237 v) VSG238 w) USG239
United States Gypsum Co. memorandum dated March
2, 1938 from Operating Control Manager to F. J.
Reinking, Works Manager; re:
attached paper
"Dust and Its Relation To Our Operations".
United States Gypsum Company Research Laborato ries document titled "Plans", dated September 22, 1955 re: Acoustical Plasters by B. W. Nies, A. L. Hampton.
United States Gypsum Company Research Laborato ries Progress Report dated October 20, 1955; re: Audicote Acoustical Plaster
United States Gypsum advertisement titled "Red Top Audicote a new acoustical plaster"
United States Gypsum Company memorandum dated October 13, 1966 from R. N. Massey to J. N. Walker; re: Asbestos - Attached. Attachment: article "Asbestos: Awaiting 'Trial'", Chemical Week. September 10, 1966.
United States Gypsum Company memorandum dated June 4, 1968 from W. W. Holloway to J. N. Walker; re: Asbestos.
United States Gypsum Company Confidential memo randum dated October 11, 1968 from B. W. Hies to C. F. Lehmann, re: Asbestosis, with handwritten
note.
United States Gypsum Company memorandum dated December 2, 1970 from J. N. Walker to R. P. Entz; re: Approval of Final Notification of or Release of DURABOND XL Joint Treatment - Asbestos Fiber Dust Hazard.
Memorandum dated January 25, 1971 from D. F. Rohrman to W. J. Brown; re: USG Asbestos Hazard.
United States Gypsum Company memorandum dated February 5, 1980 from T. S. Snell to R. A. Meyer; re: Certificate of Incorporation, with attach ments.
Product list, Schedule D, April 5, 1988, 16 page
Product list. Schedule S, Percentage of Asbestos (Volume), "Rec'd 10/88", 8 pages.
DEFENDANT U. S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES f:\asb3\usg.rog
Page 4
Answer:
a) This defendant admits that this document is genuine, authen tic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document was prepared by or at the direction of United States Gypsum Company, that the document was made at or near the time of the event and that it was made in the course of a regularly conducted business activity, and that it was the regular practice of that business activity to make the document. United States Gypsum Company denies that all statements made in the document were made by or from information transmitted by a person with knowledge, and United States Gypsum Company therefore denies that this document is a business record and reserves the right to object to the admission into evidence of such a documents as hearsay.
b) This defendant admits that this document is an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company has made reasonable inquiry and the information known or readily obtainable by it us insufficient to enable it to either admit or deny that this document is genuine, authentic, a business record, that it was made in the course of a regularly conducted business activity or that it was the regular practice of that business activity to make the document or that this document was made at or near the time of the event. United States Gypsum Company denies that this document was prepared by or at the direction of United States Gypsum Company. United States Gypsum Company admits that it received the document as of the date of any "Received" stamp or other notation of receipt on the document, but otherwise, after reasonable inquiry, the information known or readily obtainable by it is insufficient to enable it to either admit or deny that the document was received on or about the date indicated thereon or at or near the time of the events and facts recorded therein.
`
c) With respect to pages 1 and 2 of this document, this defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document was prepared by or at the direction of United States Gypsum Company, that the document was made at or near the time of the event and that it was made in the course of a regularly conducted business activity, and that it was the regular practice of that business activity to make the document. United States Gypsum Company denies that all statements made in the document were made by or from information transmitted by a person with knowledge, and United States Gypsum Company therefore denies that
DEFENDANT U. S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES f:\asb3\usg.rog
Page 5
this document is a business record and reserves the right to object to the admission into evidence of such document as hearsay.
With respect to pages 3 and 4 of this document/ this defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company denies that this document is a business record of United States Gypsum Company or that it was prepared by or at the direction of United States Gypsum company. United States Gypsum Company has made reasonable inquiry and except as noted below the information known or readily obtainable by it is insufficient to enable it to either admit or deny that this document is a business record of another company or organization, was made at or near the time of the event by or from information transmitted by a person with knowledge, was received by United States Gypsum Company at or near the time of the event, was made in the course of a regularly conducted business activity or was the regular practice of that business activity to make the document.
United States Gypsum Company admits that pages 3 and 4 of this document were received as of 11/1/71.
d) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document is its business record and was prepared by or at the direction of United States Gypsum Company. United States Gypsum Company admits that this document was made at or near the time of the event by or from information transmitted by a person with knowledge and was made in the course of a regularly conducted business activity and that it was the regular practice of that business activity to make the document. With respect to documents comprising individual pages of operating bulletins it is denied that such individual pages constituted the complete operating bulletin in effect from time to time.
e) This defendant admits that this document is genuine, authentic, and an accurate copy of avdocument found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document is its business record and was prepared by or at the direction of United States Gypsum Company. United States Gypsum Company admits that this document was made at or near the time of the event by or from information transmitted by a person with knowledge and was made in the course of a regularly conducted business activity and that it was the regular practice of that business activity to make the document. With respect to documents comprising individual pages of operating bulletin, it is denied that such individual pages constituted the complete operating bulletin in effect from time to time.
f) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by
DEFENDANT U. S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES f:\asb3\usg.rog
Page 6
United States Gypsum Company. United States Gypsum Company admits that this document was prepared by or at the direction of United States Gypsum Company, that the document was made at or near the time of the event and that it was made in the course of a regularly conducted business activity, and that it was the regular practice of that business activity to make the document. United States Gypsum Company denies that all statements made in the document were made by or from information transmitted by a person with knowledge, and United States Gypsum Company therefore denies that this document is a business record and reserves the right to object to the admission into evidence of such document as hearsay.
g) This defendant admits that this document is genuine, authentic and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document is its business record and was prepared by or at the direction of United States Gypsum Company. United States Gypsum Company admits that this document was made at or near the time of the event by or from information transmitted by a person with knowledge and was made in the course of a regularly conducted business activity and that it was the regular practice of that business activity to make the document.
h) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document was prepared by an employee of United States Gypsum Company, and that the document was made at or near the time of the event. United States Gypsum Company denies that the document was made in the course of a regularly conducted business activity, that it was the regular practice of that business activity to make the document, or that all statements made in the document were made by or from informa tion transmitted by a person with knowledge, and United States Gypsum Company therefore denies that this document is a business record and reserves the right to object to the admission into evidence of such document as hearsay.
i) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company denies that this document is a business record of United States Gypsum Company or that it was prepared by or at the or, of United States Gypsum company. United States Gypsum Company has made reasonable inquiry and except as noted below the information known or readily obtainable by it is insufficient to enable it to either admit or deny that this document is a business record of another company or organization, was made at or near the time of the event by or from information transmitted by a person with knowledge, was received by United States Gypsum Company at or near the time of the event, was made in the course of a regularly conducted business activity or was the regular practice of that business activity to make the document.
DEFENDANT U. S. CYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES f:\asb3\usg.rog
Page 7
j) This document has not been found in the files of United States Gypsum Company and United States Gypsum Company cannot confirm said document was produced to it during the course of the asbestos Litiga tion. United States Gypsum Company has made reasonable inquiry and the information known or readily obtainable by it is insufficient to enable it to either admit or deny whether said document is genuine, authentic, an accurate copy of the original, is a business record of another company or organization, was made contemporaneously to the event, activity or occurrence, was made in the course of a regularly conducted business activity, or whether it was a regular practice for that business activity to make such documents. United States Gypsum Company denies that this document is its business record, was prepared by or at its direction or that it received a copy on or about the date indicated thereon or at or near the time of the events and facts recorded therein.
k) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document was prepared by or at the direction, of United states Gypsum Company, that the document was made at near the time of the event and that it was made in the course of a regularly conducted business activity, and that it was the regular practice of that business activity to make the document. United States Gypsum Company denies that all statements made in the document were made by or from information transmitted by a person with knowledge, and United States Gypsum Company therefore denies that this document is a business record and reserves the right to object to the admission into evidence of such document as hearsay. l) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document was prepared by or at the direction of United States Gypsum Company, that the document was made at or near the time of the event and that it was made in the course of a regularly conducted business activity, and that it was the regular practice of that business activity to make the document. United States Gypsum Company denies that all statements made in the document were made by or from information transmitted by a person with knowledge, and United States Gypsum Company therefore denies that this document is a business record and reserves the right to object to the admission into evidence of such document as hearsay.
m) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document is its business record and was prepared by or at the direction of United States Gypsum Company. United States Gypsum Company admits that this document was made at or near the time of the event by or from information transmitted by a person with knowledge and was made
DEFENDANT U. S. GYPSUM COMPANY * S ANSWERS TO PLAINTIFFS* INTERROGATORIES f:\asb3\u sg.rog
Page 8
in the course of a regularly conducted business activity and that it was the regular practice of that business activity to make the document.
n) This defendant admits that this document is genuine, authentic, and
an accurate copy of a document found within the files maintained by
United States Gypsum Company. United States Gypsum Company admits that
this document is its business record and was prepared by or at the
direction of United
States GypsumCompany. United States Gypsum
Company admits that t.his document was made at or near the time of the
event by or from information transmitted by a person with knowledge and
was made in the course of a regularly conducted business activity and
that it was the regular practice of that business activity to make the
document.
o) This defendant admits that this document is genuine, authentic, and
an accurate copy of a document found within the files maintained by
United States Gypsum Company. United States Gypsum Company admits that
this document is its business record and was prepared by or at the
direction of United
States GypsumCompany. United States Gypsum
Company admits that this document was made at or near the time of. the
event by or from information transmitted by a person with knowledge and
was made in the course of a regularly conducted business activity and
that it was the regular practice of that business activity to make the
document.
p) With respect to page l of this document, this defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document was prepared by or at the direction of United States Gypsum Company, that the document was made at or near the time of the event and that it was made in the course of a regularly conducted business activity, and that it was the regular practice of that business activity to make the document. United States Gypsum Company denies that all statements made in the document were made by or from information transmitted by a person with knowledge, and United States Gypsum Company therefore denies that this document is a business record and reserves the right to object to the admission into evidence of such document as hearsay.
With respect to page 2 of this document, this defendant admits that this document is genuine, authentic, and an accurate copy o^ a document found within the files maintained by United States Gypsum Company. United States Gypsum Company denies that this document is a business record of United States Gypsum Company or that it was prepared by or at the direction of United States Gypsum Company. United States Gypsum Company has made reasonable inquiry and except as noted below the information known or readily obtainable by it to either admit or deny that this document is a business record of another company or organiza tion, was made at or near the time of the event by or from information transmitted by a person with knowledge, was received by United States
DEFENDANT P. S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS * INTERROGATORIES
f:\asb3\usg.rog
Page 9
Gypsum Company at or near the time of the event, was made in the course of a regularly conducted business activity or was the regular practice of that business activity to make the document.
q) This defendant admits that this document is genuine, authentic, and
an accurate copy of a document found within the files maintained by
United states Gypsum Company. United States Gypsum Company admits that
this document was prepared by or at the direction, of United States
Gypsum Company, that the document was made at or near the time of the
event and that it was made in the course of a regularly conducted
business activity, and that it was the regular practice of that
business activity to make the document. United States Gypsum Company
denies that all statements made in the document were made by or from
information transmitted by a person with knowledge, and United States
Gypsum Company therefore denies that this document is a business records
and reserves the right to object to the admission into evidence of such
document as hearsay.
.
r) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum company. United States Gypsum Company admits that this document was prepared by or at the direction of United States Gypsum Company, that the document was made at or near the time of the event and that it was made in the course of a regularly conducted business activity, and that it was the regular practice of that business activity to make the document. United States Gypsum Company denies that all statements made in the document were made by or from information transmitted by a persons with knowledge, and United States Gypsum Company therefore denies that this document is a business record and reserves the right to object to the admission into evidence of such document as hearsay.
s) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document is its business record and was prepared by or at the direction of United States Gypsum Company. United States Gypsum Company admits that this document was made at or near the time of the event by or from information transmitted by a person with knowledge and was made in the course of a regularly conducted business activity and that it was the regular practice of that business activity to make the document.
t) Objection. This document is protected by attorney-client privi lege. This defendant objects to discovery in relation to same.
u) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document was prepared by or at the direction of United States
DEPENDANT U. S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS* INTERROGATORIES :\asb3\usg.rog
Page 10
Gypsum Company, that the document was made at or near the time of the event and that it was made in the course of a regularly conducted business activity, and that it was the regular practice of that business activity to make the document. United States Gypsum Company denies that all statements made in the document were made by or from information transmitted by a person with knowledge, and United States Gypsum Company therefore denies that this document is a business record and reserves the right to object to the admission into evidence of such document as hearsay.
v) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company denies that this document is a business record or was made in the course of a regularly conducted business activity or was the regular practice of that business activity to make the document. United States Gypsum Company admits that this document was made at or near the time of the event. United States Gypsum Company admits that this document was prepared by or at the direction of United States Gypsum Company.
w) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company denies that this document is a business record or was made in the course of a regularly conducted business activity or was the regular practice of that business activity to make the document. United States Gypsum Company admits that this document was made at or near the time of the event. United States Gypsum Company admits that this document was prepared by or at the direction of United States Gypsum Company.
INTERROGATORY NO. 2:
For each document listed below, please answer whether such document was kept and/or generated in the regular course of a regularly conducted business activity of any U. S. GYPSUM Entity by an employee or representative of any U.s S. GYPSUM Entity with knowledge of the act, event, condition or opinion recorded.
EXHIBIT NO.
DESCRIPTION
a) USG7
Letter 8/17/36 T.R. Parrish to Scott, MacLeish & Falk
b) USG44
Letter 5/11/37 Vandiver Brown to J. S. Offutt enclosing Dr. Gardner's first report dated 5/5/37
C) USG122
Memo 11/1/71 C. P. Kipp to Tobey, Thiel, Snell, Watt, Holloway, et al, with attached newspaper articles, "Asbestos Now Linked to Cancer", 10/21/71, and "Asbes tos Seen Cancer Factor", by Thomas O'Toole
DEFENDANT U. S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES f:\asb3\usg.rog
Page 11
d) USG164 e) USG167 f) USG181 gj USG189 h) USG200 i) USG223
j) USG224 k) USG225 l) USG226
m) USG229 n) USG230 O) USG231 p) USG232
q) USG233
10/4/37 New Bulletin - Elimination of Dusty Conditions
2/11/54 General Order Bulletin Elimination of Dusty Condition
Letter 5/5/37 to G. D. King from J. S. Offutt
Memo 3/24/82 Torrey to Snell
Letter 9/16/37 Scharwath to Barrett
Copy of article titled "Dr. Morris Fishbein's Daily Health Service, Most Industrial Dust is Not Injurious to Lungs of Workers, Chico Cal. Enterprise. October 23, 1932. United States Gypsum Library Chicago stamped in upper right corner of page.
Article titled "United States Gypsum Company Acquires Properties of National Asbestos Mfg. Company", Asbes tos. page 12, March 1936
Memorandum dated August 13, 1936 from General Service Manager to W. L. Keady, Vice President; re: Dust Survey - Jersey City.
United States Gypsum Co. memorandum dated March 2, 1938 from Operating Control Manager to F. J. Reinking, Works Manager; re: attached paper "Dust and Its Relation To Our Operations".
United States Gypsum Company Research Laboratories document titled "Plans", dated September 22, 1955 re: Acoustical Plasters by B. W. Nies, A. L. Hampton.
United States Gypsum company Research Laboratories Progress Report dated October 20, 1955; re: Audicote Acoustical Plaster
United States Gypsum advertisement titled "Red Top Audicote a new acoustical plaster"
United States Gypsum Company memorandum dated October 13, 1966 from R. N. Massey to J. N. Walker; re: Asbestos - Attached. Attachment: article "Asbestos: Awaiting 'Trial'", Chemical Week. September 10, 1966.
United States Gypsum Company memorandum dated June 4,
1968 from W. W. Holloway to J. N. Walker; re: Asbes
tos.
.
DEFENDANT U. S. GYPSUM COMPANY * S ANSWERS TO PLAINTIFFS' INTERROGATORIES f:\asb3\usg.rog
Page 12
r) USG234
United States Gypsum Company Confidential memorandum dated October 11, 1968 from B. W. Nies to C. F. Lehmann, re: Asbestosis, with handwritten note.
s) USG235
United States Gypsum Company memorandum dated December 2, 1970 from J. N. Walker to R. P. Entz? re: Approval of Final Notification of or Release of DURABOND XL Joint Treatment - Asbestos Fiber Dust Hazard.
t) USG236
Memorandum dated January 25, 1971 from D. F. Rohrman to W. J. Brown; re: USG Asbestos Hazard.
u) USG237
United States Gypsum Company memorandum dated February 5, 1980 from T. S. Snell to R. A. Meyer; re: Certifi cate of Incorporation, with attachments.
v) USG238
Product list, Schedule D, April 5, 1988, 16 page
w) USG239
Product list. Schedule S, Percentage of Asbestos (Volume), "Rec'd 10/88", 8 pages.
Answer:
a) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document was prepared by or at the direction of United States Gypsum Company, that the document was made at or near the time of the event and that it was made in the course of a regularly conducted business activity, and that it was the regular practice of that business activity to make the document. United States Gypsum Company denies that all statements made in the document were made by or from information transmitted by a person with knowledge, and United States Gypsum Company therefore denies that this document is a business record and reserves the right to object to the admission into evidence of such a documents as hearsay.
b) This defendant admits that this document is an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company has made reasonable inquiry and the information known or readily obtainable by it us insufficient to enable it to either admit or deny that this document is genuine, authentic, a business record, that it was made in the course of a regularly conducted business activity or that it was the regular practice of that business activity to make the document or that this document was made at or near the time of the event. United States Gypsum Company denies that this document was prepared by or at the direction of United States Gypsum Company. United states Gypsum Company admits that it received the document as of the date of any "Received" stamp or other notation of receipt on the document, but
DEFENDANT U. S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES f:\asb3\usg.rog
Page 13
otherwise, after reasonable inquiry, the information known or readily obtainable by it is insufficient to enable it to either admit or deny that the document was received on or about the date indicated thereon or at or near the time of the events and facts recorded therein.
c) With respect to pages 1 and 2 of this document, this defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document was prepared by or at the direction of United States Gypsum Company, that the document was made at or near the time of the event and that it was made in the course of a regularly conducted business activity, and that it was the regular practice of that business activity to make the document. United States Gypsum Company denies that all statements made in the document were made by or from information transmitted by a person with knowledge, and United States Gypsum Company therefore denies that thir document is a business record and reserves the right to object to the -dmission into evidence of such document as hearsay.
With respect to pages 3 and 4 of this document, this defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company denies that this document is a business record of United States Gypsum Company or that it was prepared by or at the direction of United States Gypsum Company. United States Gypsum Company has made reasonable inquiry and except as noted below the information known or readily obtainable by it is insufficient to enable it to either admit or deny that this document is a business record of another company or organization, was made at or near the time of the event by or from information transmitted by a person with knowledge, was received by United States Gypsum Company at or near the time of the event, was made in the course of a regularly conducted business activity or was the regular practice of that business activity to make the document.
United States Gypsum Company admits that pages 3 and 4 of this document were received a^ of 11/1/71.
d) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document is its business record and was prepared by or at the direction of United States Gypsum Company. United States Gypsum Company admits that this document was made at or near the time of the event by or from information transmitted by a person with knowledge and was made in the course of a regularly conducted business activity and that it was the regular practice of that business activity to make the document. With respect to documents comprising individual pages of operating bulletins it is denied that such individual pages constituted the complete operating bulletin in effect from time to time.
DEFENDANT U. S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES f:\asb3\usg.rog
Page 14
e) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document is its business record and was prepared by or at the direction of United States Gypsum Company. United States Gypsum Company admits that this document was made at or near the time of the event by or from information transmitted by a person with knowledge and was made in the course of a regularly conducted business activity and that it was the regular practice of that business activity to make the document. With respect to documents comprising individual pages of operating bulletin, it is denied that such individual pages constituted the complete operating bulletin in effect from time to time.
f) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document was prepared by or at the direction of United States Gypsum Company, that the document was made at or near the time of the event and that it was made in the course of a regularly conducted business activity, and that it was the regular practice of that business activity to make the document. United States Gypsum .Company denies that all statements made in the document were made by or from information transmitted by a person with knowledge, and United States Gypsum Company therefore denies that this document is a business record and reserves the right to object to the admission into evidence of such document as hearsay.
g) This defendant admits that this document is genuine, authentic and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document is its business record and was prepared by or at the direction of United States Gypsum Company. United States Gypsum Company admits that this document was made at or near the time of the event by or from information transmitted by a person with knowledge and was made in the course of a regularly conducted business activity and that it was the regular practice of that business activity to make the document.
h} This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum company admits that this document was prepared by an employee of United States Gypsum Company, and that the document was made at or near the time of the event. United States Gypsum Company denies that the document was made in the course of a regularly conducted business activity, that it was the regular practice of that business activity to make the document, or that all statements made in the document were made by or from informa tion transmitted by a person with knowledge, and United States Gypsum Company therefore denies that this document is a business record and
DEFENDANT U. S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS* INTERROGATORIES f:\asb3\usg.rog
Page IS
reserves the right to object to the admission into evidence of such document as hearsay.
i) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company denies that this document is a business record of United States Gypsum Company or that it was prepared by or at the or, of United States Gypsum Company. United States Gypsum Company has made reasonable inquiry and except as noted below the information known or readily obtainable by it is insufficient to enable it to either admit or deny that this document is a business record of another company or organization, was made at or near the time of the event by or from information transmitted by a person with knowledge, was received by United States Gypsum Company at or near the time of the event, was made in the course of a regularly conducted business activity or was the regular practice of that business activity to make the document.
j) This document has not been found in the files of United States Gypsum Company and United States Gypsum Company cannot confirm said document was produced to it during the course of the asbestos Litiga tion. United States Gypsum Company has made reasonable inquiry and the information known or readily obtainable by it is insufficient to enable it to either admit or deny whether said document is genuine, authentic, an accurate copy of the original, is a business record of another company or organization, was made contemporaneously to the event, activity or occurrence, was made in the course of a regularly conducted business activity, or whether it was a regular practice for that business activity to make such documents. United States Gypsum Company denies that this document is its business record, was prepared by or at its direction or that it received a copy on or about the date indicated thereon or at or near the time of the events and facts recorded therein.
k) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document was prepared by or at the direction, of United States Gypsum Company, that the document was made at near the time of the event and that it was made in the course of a regularly conducted business activity, and that it was the regular practice of that business activity to make the document. United States Gypsum Company denies that all statements made in the document were made by or from information transmitted by a person with knowledge, and United States Gypsum Company therefore denies that this document is a business record and reserves the right to object to the admission into evidence of such document as hearsay. l) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document was prepared by or at the direction of United States
DEFENDANT U. S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES f:\asb3\usg.rog
Page 16
Gypsum Company, that the document was made at or near the time of the event and that it was made in the course of a regularly conducted business activity, and that it was the regular practice of that business activity to make the document. United States Gypsum Company denies that all statements made in the document were made by or from information transmitted by a person with knowledge, and United States Gypsum Company therefore denies that this document is a business record and reserves the right to object to the admission into evidence of such document as hearsay.
m) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document is its business record and was prepared by or at the direction of United States Gypsum Company. United States Gypsum Company admits that this document was made at or near the time of the event by or from information transmitted by a person with knowledge and was made in the course of a regularly conducted business activity and that it was the regular practice of that business activity to make the document.
n) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum company admits that this document is its business record and was prepared by or at the direction of United States Gypsum Company. United States Gypsum company admits that t.his document was made at or near the time of the event by or from information transmitted by a person with knowledge and was made in the course of a regularly conducted business activity and that it was the regular practice of that business activity to make the document.
o) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document is its business record and was prepared by or at the direction of United states Gypsum Company. United States Gypsum Company admits that this_document was made at or near the time of the event by or from information transmitted by a person with knowledge and was made in the course of a regularly conducted business activity and that it was the regular practice of that business activity to make the document.
p) With respect to page 1 of this document, this defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document was prepared by or at the direction of United States Gypsum Company, that the document was made at or near the time of the event and that it was made in the course of a regularly conducted business activity, and that it was the regular practice of that business activity to make the document.
DEFENDANT U. S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES f:\asb3\usg.rog
Page 17
United States Gypsum Company denies that all statements made in the document were made by or from information transmitted by a person with knowledge/ and United States Gypsum Company therefore denies that this document is a business record and reserves the right to object to the admission into evidence of such document as hearsay.
With respect to page 2 of this document, this defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company denies that this document is a business record of United States Gypsum Company or that it was prepared by or at the direction of United States Gypsum Company. United States Gypsum Company has made reasonable inquiry and except as noted below the information known or readily obtainable by it to either admit or deny that this document is a business record of another company or organiza tion, was made at or near the time of the event by or from information transmitted by a person with knowledge, was received by United States Gypsum Company at or near the time of the event, was made in the course of a regularly conducted business activity or was the regular practice of that business activity to make the document.
q) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document was prepared by or at the direction, of United States Gypsum Company, that the document was made at or near,the time of the event and that it was made in the course of a regularly conducted business activity, and that it was the regular practice of that business activity to make the document. United States Gypsum Company denies that all statements made in the document were made by or from information transmitted by a person with knowledge, and United States Gypsum Company therefore denies that this document is a business records and reserves the right to object to the admission into evidence of such document as hearsay.
r) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document was prepared by or at the direction of United States Gypsum Company, that the document was made at or near the time of the event and that it was made in the course of a regularly conducted business activity, and that it was the regular practice of that business activity to make the document. United States Gypsum Company denies that all statements made in the document were made by or from information transmitted by a persons with knowledge, and United States Gypsum Company therefore denies that this document is a business record and reserves the right to object to the admission into evidence of such document as hearsay.
DEFENDANT U. S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS* INTERROGATORIES f:\asb3\usg.rog
Page 18
s) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document is its business record and was prepared by or at the direction of United states Gypsum Company. United States Gypsum Company admits that this document was made at or near the time of the event by or from information transmitted by a person with knowledge and was made in the course of a regularly conducted business activity and that it was the regular practice of that business activity to make the document.
t) Objection. This document is protected by attorney-client privi lege. This defendant objects to discovery in relation to same.
u) This defendant admits that this document is genuine, authentic, and
an accurate copy of a document found within the files maintained by
United States Gypsum Company. United states Gypsum Company admits that
this document was prepared by or at the direction of United States
Gypsum Company, that the document was made at or near the time of the
event and that it was made in the course of a regularly conducted
business activity, and that it was the regular practice of that
business activity to make the document. United States Gypsum Company
denies that all statements made in the document were made by or from
information transmitted by a person with knowledge, and United States
Gypsum Company therefore denies that this document is a business record
and reserves the right to object to the admission into evidence of such
document as hearsay.
'
v) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company denies that this document is a business record or was made in the course of a regularly conducted business activity or was the regular practice of that business activity to make the document. United States Gypsum Company admits that this document was made at or near the time of the event. United States Gypsum Company admits that this document was prepared by or at the direction of United States Gypsum Company.
w) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company denies that this document is a business record or was made in the course of a regularly conducted business activity or was the regular practice of that business activity to make the document. United States Gypsum Company admits that this document was made at or near the time of the event. United States Gypsum Company admits that this document was prepared by or at the direction of United States Gypsum Company.
DEFENDANT U. S. GYPSPM COMPANY'S ANSWERS TO PLAINTIFFS * INTERROGATORIES f:\asb3\usg.rog
Page 19
INTERROGATORY NO, 3:
For each document listed below, please answer whether such document was found in your files in such a condition as to create no suspicion concerning its authenticity.
EXHIBIT NO,
DESCRIPTION
a) USG7
Letter 8/17/36 T.R. Parrish to Scott, MacLeish & Falk
b) USG44
Letter 5/11/37 Vandiver Brown to J. S. Offutt enclosing Dr. Gardner's first report dated 5/5/37
c) USG122
Memo 11/1/71 C. P. Kipp to Tobey, Thiel, Snell, Watt, Holloway, et al, with attached newspaper articles, "Asbestos Now Linked to Cancer", 10/21/71, and "Asbes tos Seen Cancer Factor", by Thomas O'Toole
d) USG164
10/4/37 New Bulletin - Elimination of Dusty Conditions
e) USG167
2/11/54 General Order Bulletin Elimination of Dusty Condition
f) USG181
Letter 5/5/37 to G. D. King from J. S. Offutt
g) USG189
Memo 3/24/82 Torrey to Snell
h) USG200
Letter 9/16/37 Scharwath to Barrett
i) USG223
Copy of article titled "Dr. Morris Fishbein's Daily Health Service, Most Industrial Dust is Not Injurious to Lungs of Workers, Chico Cal. Enterprise. October 23, 1932. United States Gypsum Library Chicago stamped in upper right corner of page.
j) USG224
Article titled "United States Gypsum Company Acquires Properties of National Asbestos Mfg. Company", Asbes tos. page 12, March 1936
k) USG225
Memorandum dated August 13, 1936 from General Service Manager to W. L. Ready, Vice President; re: Dust Survey - Jersey City.
l) USG226
United States Gypsum Co. memorandum dated March 2, 1938 from Operating Control Manager to F. J. Reinking, Works Manager; re: attached paper "Dust and Its Relation To Our Operations".
DEFENDANT U. S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES f:\asb3\usg.rog
Page 20
m) USG229
United States Gypsum Company Research Laboratories document titled "Plans", dated September 22, 1955 re: Acoustical Plasters by B. W. Nies, A. L. Hampton.
n) USG230
United States Gypsum Company Research Laboratories Progress Report dated October 20, 1955; re: Audicote Acoustical Plaster
o) USG231
United States Gypsum advertisement titled "Red Top Audicote a new acoustical plaster"
p) USG232
United States Gypsum Company memorandum dated October 13, 1966 from R. N. Massey to J. N. Walker; re: Asbestos - Attached. Attachment: article "Asbestos: Awaiting 'Trial'", Chemical Week. September 10, 1966.
q) USG233
United States Gypsum Company memorandum dated June 4, 1968 from W. W. Holloway to J. N. Walker; re: Asbes tos.
r) USG234
United States Gypsum Company Confidential memorandum dated October 11, 1968 from B. W. Nies to C. F. Lehmann, re: Asbestosis, with handwritten note.
s) USG235
United `States Gypsum Company memorandum dated December 2, 1970 from J. N. Walker to R. P. Entz; re: Approval of Final Notification of or Release of DURABOND XL Joint Treatment - Asbestos Fiber Dust Hazard.
t) USG236
Memorandum dated January 25, 1971 from D. F. Rohrman to W. J. Brown; re: USG Asbestos Hazard.
U) USG237
United States Gypsum Company memorandum dated February 5, 1980 from T. S. Snell to R. A. Meyer; re: Certifi cate of Incorporation, with attachments.
V) USG238
Productvlist, Schedule D, April 5, 1988, 16 page
W) USG239
Product list, Schedule S, Percentage of Asbestos (Volume), "Rec'd 10/88", 8 pages.
Answer:
a) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document was prepared by or at the direction of United States Gypsum Company, that the document was made at or near the time of the event and that it was made in the course of a regularly. conducted business activity, and that it was the regular practice of that business
DEFENDANT U. S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES f:\asb3\usg.rog
Page 21
activity to make the document. United States Gypsum Company denies that all statements made in the document were made by or from information transmitted by a person with knowledge, and United States Gypsum Company therefore denies that this document is a business record and reserves the right to object to the admission into evidence of such a documents as hearsay.
b} This defendant admits that this document is an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company has made reasonable inquiry and the information known or readily obtainable by it us insufficient to enable it to either admit or deny that this document is genuine, authentic, a business record, that it was made in the course of a regularly conducted business activity or that it was the regular practice of that business activity to make the document or that this document was made at or near the time of the event. United States Gypsum Company denies that this document was prepared by or at the direction of United States Gypsum company. United States Gypsum Company admits that it received the document as of the date of any "Received" stamp or other notation of receipt on the document, but otherwise, after reasonable inquiry, the information known or readily obtainable by it is insufficient to enable it to either admit or deny that the document was received on or about the date indicated thereon or at or near the time of the events and facts recorded therein.
c) With respect to pages 1 and 2 of this document, this defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document was prepared by or at the direction of United States Gypsum Company, that the document was made at or near the time of the event and that it was made in the course of a regularly conducted business activity, and that it was the regular practice of that business activity to make the document. United States Gypsum Company denies that all statements made in the document were made by or from information transmitted by a person with knowledge, and United States Gypsum Company therefore denies that this document is a business record and reserves the right to object to the admission into evidence of such document as hearsay.
With respect to pages 3 and 4 of this document, this defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United states Gypsum Company. United States Gypsum Company denies that this document is a business record of United States Gypsum Company or that it was prepared by or at the direction of United States Gypsum Company. United States Gypsum Company has made reasonable inquiry and except as noted below the information known or readily obtainable by it is insufficient to enable it to either admit or deny that this document is a business record of another company or organization, was made at or near the time of the event by or from information transmitted by a person with knowledge, was
DEFENDANT U. S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES f:\asb3\usg.rog
Page 22
received by United States Gypsum Company at or near the time of the event, was made in the course of a regularly conducted business activity or was the regular practice of that business activity to make the document.
United States Gypsum Company admits that pages 3 and 4 of this document were received as of 11/1/71.
d) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document is its business record and was prepared by or at the direction of United States Gypsum Company. United States Gypsum Company admits that this document was made at or near the time of the event by or from information transmitted by a person with knowledge and was made in the course of a regularly conducted business activity and that it was the regular practice of that business activity to make the document. With respect to documents comprising individual pages of operating bulletins it is denied that such individual pages constituted the complete operating bulletin in effect from time to time.
e) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document is its business record and was prepared by or at the direction of United States Gypsum Company. United States Gypsum Company admits that this document was made at or near the time of the event by or from information transmitted by a person with knowledge and was made in the course of a regularly conducted business activity and that it was the regular practice of that business activity to make the document. With respect to documents comprising individual pages of operating bulletin, it is denied that such individual pages constituted the complete operating bulletin in effect from time to time.
f) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document was prepared by or at the direction of United States Gypsum Company, that the document was made at or near the time of the event and that it was made in the course of a regularly conducted business activity, and that it was the regular practice of that business activity to make the document. United States Gypsum Company denies that all statements made in the document were made by or from information transmitted by a person with knowledge, and United States Gypsum Company therefore denies that this document is a business record and reserves the right to object to the admission into evidence of such document as hearsay.
g) This defendant admits that this document is genuine, authentic and an accurate copy of a document found within the files maintained by
DEFENDANT U. S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES f:\asb3\usg.rog
Page 23
United States Gypsum Company. United States Gypsum Company admits that this document is its business record and was prepared by or at the direction of United States Gypsum Company. United States Gypsum Company admits that this document was made at or near the time of the event by or from information transmitted by a person with knowledge and was made in the course of a regularly conducted business activity and that it was the regular practice of that business activity to make the document.
h) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document was prepared by an employee of United States Gypsum Company, and that the document was made at or near the time of the event. United States Gypsum Company denies that the document was made in the course of a regularly conducted business activity, that it was the regular practice of that business activity to make the document, or that all statements made in the document were made by or from informa tion transmitted by a person with knowledge, and United States Gypsum Company therefore denies that this document is a business record and reserves the right to object to the admission into evidence of such document as hearsay.
i) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company denies that this document is a business record of United States Gypsum Company or that it was prepared by or at the or, of United States Gypsum Company. United States Gypsum Company has made reasonable inquiry and except as noted below the information known or readily obtainable by it is insufficient to enable it to either admit or deny that this document is a business record of another company or organization, was made at or near the time of the event by or from information transmitted by a person with knowledge, was received by United States Gypsum Company at or near the time of the event, was made in the course of a regularly conducted business activity or was the regular practice of that business activity to make the document.
j) This document has not been found in the files of United States Gypsum Company and United States Gypsum Company cannot confirm said document was produced to it during the course of the asbestos Litiga tion. United States Gypsum Company has made reasonable inquiry and the information known or readily obtainable by it is insufficient to enable it to either admit or deny whether said document is genuine, authentic, an accurate copy of the original, is a business record of another company or organization, was made contemporaneously to the event, activity or occurrence, was made in the course of a regularly conducted business activity, or whether it was a regular practice for that business activity to make such documents. United States Gypsum Company denies that this document is its business record, was prepared by or at
DEFENDANT U. S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES f:\asb3\usg.rog
Page 24
its direction or that it received a copy on or about the date indicated thereon or at or near the time of the events and facts recorded therein.
k) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document was prepared by or at the direction, of United States Gypsum Company, that the document was made at near the time of the event and that it was made in the course of a regularly conducted business activity, and that it was the regular practice of that business activity to make the document. United States Gypsum Company denies that all statements made in the document were made by or from information transmitted by a person with knowledge, and United States Gypsum Company therefore denies that this document is a business record and reserves the right to object to the admission into evidence of such document as hearsay. l) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document was prepared by or at the direction of United States Gypsum Company, that the document was made at or near the time of the event and that it was made in the course of a regularly conducted business activity, and that it was the regular practice of that business activity to make the document. United States Gypsum company denies that all statements made in the document were made by or from information transmitted by a person with knowledge, and United States Gypsum Company therefore denies that this document is a business record and reserves the right to object to the admission into evidence of such document as hearsay.
m) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document is its business record and was prepared by or at the direction of United States Gypsum Company, united States Gypsum Company admits that this document was made at or near the time of the event by or from information transmitted by a person with knowledge and was made in the course of a regularly conducted business activity and that it was the regular practice of that business activity to make the document.
n) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document is its business record and was prepared by or at the direction of United states Gypsum Company. United States Gypsum Company admits that t.his document was made at or near the time of the event by or from information transmitted by a person with knowledge and was made in the course of a regularly conducted business activity and that it was the regular practice of that business activity to make the document.
DEFENDANT U. S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES f:\asb3\usg.rog
Page 25
o) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum company. United States Gypsum Company admits that this document is its business record and was prepared by or at the direction of United States Gypsum Company. United States Gypsum Company admits that this document was made at or near the time of the event by or from information transmitted by a person with knowledge and was made in the course of a regularly conducted business activity and that it was the regular practice of that business activity to make the document.
p) With respect to page 1 of this document, this defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document was prepared by or at the direction of United States Gypsum Company, that the document was made at or near the time of the event and that it was made in the course of a regularly conducted business activity, and that it was the regular practice of that business activity to make the document. United States Gypsum Company denies that all statements made in the document were made by or from information transmitted by a person with knowledge, and United States Gypsum Company therefore denies that this document is a business record and reserves the right to object to the admission into evidence of such document as hearsay.
With respect to page 2 of this document, this defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company denies that this document is a business record of United States Gypsum Company or that it was prepared by or at the direction of United States Gypsum Company. United States Gypsum Company has made reasonable inquiry and except as noted below the information known or readily obtainable by it to either admit or deny that this document is a business record of another company or organiza tion, was made at or near the time of the event by or from information transmitted by a person with knowledge, was received by United States Gypsum Company at or near: the time of the event, was made in the course of a regularly conducted business activity or was the regular practice of that business activity to make the document.
q) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document was prepared by or at the direction, of United States Gypsum Company, that the document was made at or near the time of the event and that it was made in the course of a regularly conducted business activity, and that it was the regular practice of that business activity to make the document. United States Gypsum Company denies that all statements made in the document were made by or from information transmitted by a person with knowledge, and United States
DEFENDANT U. S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS* INTERROGATORIES f:\asb3\usg.rog
Page 26
Gypsum Company therefore denies that this document is a business records and reserves the right to object to the admission into evidence of such document as hearsay.
r) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document was prepared by or at the direction of United States Gypsum Company, that the document was made at or near the time of the event and that it was made in the course of a regularly conducted business activity, and that it was the regular practice of that business activity to make the document. United States Gypsum Company denies that all statements made in the document were made by or from information transmitted by a persons with knowledge, and United States Gypsum Company therefore denies that this document is a business record and reserves the right to object to the admission into evidence of such document as hearsay.
s) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document is its business record and was prepared by or at the direction of United States Gypsum Company. United states Gypsum Company admits that this document was made at or near the time of the event by or from information transmitted by a person with knowledge and was made in the course of a regularly conducted business activity and that it was the regular practice of that business activity to make the document.
t) Objection. This document is protected by attorney-client privi lege. This defendant objects to discovery in relation to same.
u) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company admits that this document was prepared by or at the direction of United States Gypsum Company, that the^document was made at or near the time of the event and that it was made in the course of a regularly conducted business activity, and that it was the regular practice of that business activity to make the document. United States Gypsum Company denies that all statements made in the document were made by or from information transmitted by a person with knowledge, and United States Gypsum Company therefore denies that this document is a business record and reserves the right to object to the admission into evidence of such document as hearsay.
v) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company denies that this document is a business record or was made in the course of a
DEFENDANT U. S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES f:\asb3\usg.rog
Page 27
regularly conducted business activity or was the regular practice of that business activity to make the document. United States Gypsum Company admits that this document was made at or near the time of the event. United States Gypsum Company admits that this document was prepared by or at the direction of United States Gypsum Company.
w) This defendant admits that this document is genuine, authentic, and an accurate copy of a document found within the files maintained by United States Gypsum Company. United States Gypsum Company denies that this document is a business record or was made in the course of a regularly conducted business activity or was the regular practice of that business activity to make the document. United States Gypsum Company admits that this document was made at or near the time of the event. United States Gypsum Company admits that this document was prepared by or at the direction of United States Gypsum Company.
INTERROGATORY WO. 4:
Has U. S. Gypsum stipulated or agreed to the authenticity of any of the documents referenced in Interrogatory No. 1 with any person prior to the date of these interrogatories?
Answer:
Objection. This Interrogatory is overbroad, irrelevant, immateri al, and is not reasonably calculated to lead to the discovery of admissible evidence.
DEFENDANT U. S. GYPSUM COMPANY'S ANSWERS TO PLAINTIFFS' INTERROGATORIES f:\asb3\usg.rog
Page 28
STATE OF ILLINOIS )
)
COUNTY OF COOK
)
SS
VERIFICATION
I, F. M. Poremski, declare:
I an the Director, Financial & Accounting Services, of
United States Gypsun Company, one of the above named
defendants, and am authorized to make this verification for
and on behalf of said company;
I have read the foregoing Answers, Objections, and other
Responses to Plaintiffs' 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 this declaration was executed on
*^3
in Chicago, Illinois.
F. M. Poremski
Subscr this
d. and sworn to before me
day of
. 1993.
Notary Public
TFFICJA! -V"
'ALLY . rr
r-i'r, A-. Cc.itmiss:.';
. -i>"ras .S/13/94
---V-
| >
4 J