Document 7RM43BqdZ4QdMY7LKewKBrVJg

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION . .IN RE ASBESTOS CASES '' COMBUSTION ENGINEERING, INC'S MASTER SET OF ANSWERS AND OBJECTIONS TO PLAINTIFFS' MASTER SET OF INTERROGATORIES ' NOW COMES COMBUSTION ENGINEERING, INC., Defendant and files these its answers to the Master Set of Interrogatories filed on behalf of asbestos Plaintiffs i.i the Eastern District of Texas. The ` answers "ire made subject to all proper objections and for the purpose of these pending actions only. ' The Defendant's answers are as follows: 1. As to the person answering these interrogatories, state: (a) Name: (b) Title or position with defendant: . (c) Business address: (d) Length of time employed by defendant: (e) State year by year all other position', titles.or jobs that person has held with the defendant. ` ANSWER:~ ' (a) Frank T. Christenson (b) Assistant to Vice-President-Industrial Sales i* , i . t:* x 4) ?, r` ' . ' . . (c) C. E. Refractories, Combustion Engineering, Inc., 'P. 0. Box 828, Valley Forge, Pennsylvania. (d) Nineteen years. (e) Defendant objects to this Interrogatory because it is overly broad, irrelevant, immaterial and is not calculated to lead to the discovery of admissible evidence. . 2. State the following concerning this defendant. (a) Full and correct name: (b) Principle place of business: (c) State of incorporation: (d) Date of incorporation, and name of corporation: . ^ (e) Is this defendant authorized to transact business in the State of Texas? If so, state the date such authority was first issued and last renewed: (f) Does this defendant have an agent, representative or place of business in Texas? If so, state the name and address of such agent, representative, or place of business. (g) Does this defendant have an agent for service in the State of Texas? If so, state the name and address of the registered agent. ANSWER: (a) Combustion Engineering, Inc. (b) 900 Long Ridge Road, Stamford, Connecticut 06902. (c) Delaware. (d) October 25, 1912, Locomotive Superheater Company. (e)- -Yes. January 17, 1949. (f) Yes. . 2- W?"< < . *>v f. (g) C-T Corp. Systems, Republic National Bank Build ing, Dallas, Texas. . 3. Has this defendant been sued under its correct name? If not, state the correct legal name of- the defendant and provide the information requested in No. 2 above concerning the defendant as correctly named. ANSWER: .. ' The correct name of this Defendant is Combustion Engineering, Inc. 4. Has this defendant ever acquired through purchase, reorganization or merger another.corporation, company, or business Vhich manufactured, sold, processed, dis tributed or contracted to apply insulation products containing asbestos? -' ANSWER: ' In 1969 Defendant merged with Walsh Refractories Corporation. Walsh Refractories Corporation sold certain asbestos-containing insulation products but these products were sold to stove manufacturers in the St. Louis, Missouri area for use in the manufacturing - of stoves. 5. If the answer to Interrogatory No. 4 is "Yes," then state the following concerning such predecessor: (a) Full and correct name: (b) The principal place of business: (c) State of incorporation: (d) Date of acquisition by defendant: (e)' Was this business authorized to transact business in the State of Texas? (fl -Attach, copies of all papers pertaining to the - acquisition. ANSWER: (a) Walsh Refractories Corporation. (b) St. Louis, Missouri. -3- f' f. (c) Missouri. (d) 1969. (e) Unknown. (f) Defendant objects to this Interrogatory as being not reasonably calculated to lead to the discovery of evidence admissible at the ' trial of this lawsuit and as being unduly burdensome. Walsh Refractories Corporation did not manufacture asbestos-containing insulation products which would have.been sold to the insulation contractors or which would have been used by insulation installers in the construction, maintenance, or petro-chemical industries. The products' sold by Walsh were sold in the St. Louis, Missouri area exclusively and not in the Eastern District of Texas. 6. As to any product containing asbestos in any form, has this defendant, or any predecessor(s): (a) Ever designed such a product? (b) _ Manufactured such a product? (c) Processed such a product? (d) Sold such a product? (e) Distributed such a product? (f) Patented such a product? (g) Relabeled such a product which was manufactured, sold, or distributed by another company? ANSWER: (a) Defendant does not understand the term "design" in connection with asbestos-containing insulation products. (b) Defendant for a short period of time manufactured some asbestos-containing insulation products. 4- t (C) Defendant does not understand what Plaintiff means by "processed." (d> Defendant for a short period of time sold certain asbestos-containing insulation products. <e) Defendant has distributed asbestos-containing insulation products. <f) No. (9) Yes. From 1963 through 1975, this Defendant sold a product- manufactured by Flintkote, under the name Weatherkote. The product contained some asbestos in emulsion. 7. If your answer to No. 6(b), 6(d) and 6(e) is "Yes", then give the trade name of the product, the year the defendant or predecessor first sold or distributed such . product, and the year the defendant last sold or dis tributed such product. ANSWER: .' Defendant did not sell any asbestos containing insula tion products prior to June 1963 nor except for one product which contained asbestos in emulsion after 1972. See Exhibit ''I". Defendant does not believe Walsh Refractories Corporation was a "predecessor." Further, the asbestos-containing insulation products manufactured by Walsh Refractories Corporation were used with stoves almost exclusively, in St. Louis, Missouri and were not used as commercial insulation. These products for stoves were sold between 1950 and 1969. Thus, its products would be completely irrele vant and immaterial to any issue in this lawsuit. See Exhibit "I".. - 8. Have any of the products listed above in Interrogatory No. 6 been altered in chemical composition since first being marketed? ANSWER: Unknown. 9. If so, please state: (a) The trade name of each such product. 5- O'*  . *1 (b) The date each such product was altered. (c) The nature of the alteration. (d) The reason for the alteration. ANSWER: Not applicable. ' 10. What is the name, address, and the job title of each individual who participated in the design and prepara tion of manufacturing specifications for each such product? . ANSWER SUBJECT TO OBJECTION: Unknown. Defendant does not understand the meaning of the terms ''design" and "preparation" in this context and there fore objects to this Interrogatory. 11. Do any written memoranda, specifications, blueprints or other written materials of any kind or character relating to the design and preparation of said products - now exist? ANSWER SUBJECT TO OBJECTION: Unknown. Defendant does not understand the meaning of the terms "design" and "preparation" in this context and there fore objects to this Interrogatory. 12. If so, please state: (a) List each written material or document. ` (b) Who presently has possession of each such document. . (c)~ Where is it located? ANSWER: Not applicable. -6- Tf 13. In what year did the defendant first begin selling or distributing insulation products containing asbestos? ANSWER: ' 1963. .14. In what year did the defendant last sell the insulation product which contained asbestos? ANSWER: Except for one product which contained some asbestos in emulsion, 1972. 15. As to the named defendant or any predecessor (s) or acguired business, state the various types of products, such as blocks, pipe covering, cements, tape, spray-on insulation, mastics, and cloth, and in connection with each type of such product, state how the same was packaged (i.e., bags, boxes, sacks, etc.) for sale. ANSWER: See Exhibit "I". 16.' Is your company, as of the date of answering these interrogatories, still manufacturing, selling or dis tributing any insulation products containing asbestos? If so, give the brand names of such products, -the binding material and date first manufactured. ANSWER: No. 17. Were each of your insulation products generally expected to reach, or were packaged to reach, the consumer or user, without substantial change in the condition in which it was sold? ANSWER: ' Yes, they were packaged to reach the consumer or user without substantial change. 18. If your answer to Interrogatory No. 17 is "No," with respect to any product, explain in what way the defen dant claims its products were altered or substantially 7- l changed after sale or distribution and before reaching the insulation helper or mechanic. ANSWER: Not applicable. 19. Do you admit that asbestos insulation applicators, helpers or mechanics, were foreseeable users of defen dant's asbestos-contained insulation products, such as: (a) Pipe covering; (b) Blocks; ' (c) Asbestos cloth; (d) Mastics; (e) Spray-on insulation; (f) Rope or tape; (g) Asbestos sheeting or millboard; ' . <h> Cements. ANSWER SUBJECT TO OBJECTION: Defendant objects to this Interrogatory because it seeks a legal conclusion and opinion. (a) Not applicable. (b) Asbestos insulation applicators, helpers, or mechanics were foreseeable users of most of the Defendant's asbestos-containing insulation pro ducts. (c) Not applicable. (d) Not applicable. (ef` Not applicable. - (f) Not applicable. (g) Not applicable. -8- (h) Asbestos insulation applicators, helpers, or mechanics were foreseeable users of most of the Defendant's asbestos-containing products. 20. Based upon the material contents of your products, the method of manufacturing, and the method of application for the purpose of insulation, can your products be generally applied by an insulator without liberating asbestos fibers? (a) If there is a different answer concerning dif ferent products manufactured, sold, distributed, or used by .your company then specify the different products by exact manufacturers name and popular name; (b) If there is a difference in your answer depending on the year or years in which a particular product was used, then specify in detail what year or years you are referring to and the specific pro ducts you are referring to and the year involved. ANSWER: Defendant objects to this Interrogatory because the question is vague, ambiguous, unclear and misleading in . that it speaks in terms of "liberating asbestos fibers" without defining the quantities and any answer would be misleading and prejudicial without such description or definition. ANSWER SUBJECT TO OBJECTION: This Defendant made different types of asbestoscontaining insulation products. The answer to this Interrogatory depends on the particular product involved and the specific use to which it was being put. 21. . Was it a foreseeable use of your asbestos containing insulation products that they may have to be removed, stripped or replaced at any time after installation? If your company contends the plaintiff(s) misused any of"your products then state how and under what circum stances your product was misused. .' . ANSWER: Defendant objects to this Interrogatory because it seeks a legal conclusion or opinion. -9 r 22. Prior to releasing the products listed in Interrogatory No. 6 to the public for sale, were any tests conducted on same to determine potential health hazards involved in the use of materials contained therein? ANSWER: No. 23. If so, please state: (a) The name, address, and job classification of each individual who conducted such tests; ' (b) The results of such said tests; (c) Date of such studies. ANSWER: Not applicable. 24. Do any written memoranda, specifications, blueprints or other written materials of any kind or character exist relating to the testing of said products? ANSWER := Not applicable. 25. If so, please state: (a) List each such written material or document; (b) Who presently has possession of each such document and where is it located. ANSWER: Not applicable. 26. Did defendant or any of its subsidiary companies make any_design changes as a result of such tests? ANSWER: Not applicable. -10- 1( 27. If so, please state: (a) The nature of the change made; (b) The name, address, and job classification of each person in charge of making a change. ANSWER: Not applicable. . 28. After releasing said products to the public, were any tests conducted thereon to determine potential health hazards involved in the use of materials contained therein? ANSWER: No. 29. If so, please state: . (a) The name, address, and job- classification of each person conducting said tests; , . (b) The results of said tests. ANSWER: Not applicable. 30. Prior to 1970, did you or your predecessor(s) ever have any labor inspectors or anyone from your company whose job it was to go to areas where your products were being used or installed to make a dust level count? If so, state when this procedure started, the purpose of such procedure, and what action, if any, was taken in response to the findings, and attach results. ANSWER: Defendant did not have any "predecessors" as it under stands that term. This Defendant had no such . inspectors. 31. If your company performed or had performed any dust level counts, what action based on the results did your company take? 11- Jr- ANSWER: Not applicable. 32. Has your company or its predecessor(s) ever conducted any studies concerning the effects of the inhalation of asbestos dust or fibers on one using or being exposed to any of the asbestos materials manufactured, sold or distributed by you, or your predecessor(s)? In answer to this question, give the date and nature of such studies, if any; the name or names of the persons conducting such studies and their addresses; what the purpose of the' studies were; and attach a copy of any reports based upon such studies, showing to whom such reports were given, and the date. ANSWER: Defendant did not have any "predecessors" as it under stands that term. This Defendant made no such studies. 33. Has your company or its predecessor(s) ever conducted or caused to be conducted any studies designed to minimize or eliminate the inhalation of asbestos dust and fibers by those exposed to the use of your com pany's insulation products? If so, give the following: (a) Name of the person or firm conducting such studies; * (b) The date the studies began and the date completed; (c) Any publication or dissemination of the results of the studies; (d) The nature of any action to eliminate or minimize inhalation of asbestos dust or fibers; (e) Attach copies. ' ANSWER: Defendant did not have any "predecessors" as it under stands that term. This Defendant made no such studies. 34. If your answer to Interrogatory No. 33 is "Yes," state the name and address of such industrial hygienist or hygienists. ANSWER: Not applicable. 35. . ' Does your company have, has it ever had, or has your predecessor(s) ever had, a Research Department? If so, give the year such Research Department was -established, and whether or not such Research Department has ope rated continuously since being established. (a) How much expended each year on research, etc.; (b) What percentage of gross sales did your company or its predecessor spend on research concerning the health affects of asbestos. ANSWER: ' Yes. This Defendant has a research department which was established some time in 1964 to develop ceramic products and evaluate ceramic products physical proper ties. This department also investigates failures or malfunctions of ceramic products. The research depart ment has operated continuously since it was estab lished. With respect to subparts (a) and (b), this information has not been retained. 36. State in detail the purpose, duties and responsibili ties of such Research Department. ANSWER: ' See answer to Interrogatory No. 35. 37. Does your company have, has it ever had, or has your predecessor ever had, a Medical Department? If so, give the year such Medical Department was established, and whether or not such Medical Department has operated continuously since being established. (a) Name each director, chief, or head of your Medical Department year by year with the first year" you had a medical director or Medical Department. * " Give the last known address of each. ANSWER: Defendant did not have any ''predecessors" as it under stands that term. During the time that this Defendant -13- t was in the business of manufacturing asbestoscontaining. insulation products, i.e. mid-1963 to 1972, the only physicians employed by this Defendant were employed to conduct routine physical examinations and to handle emergencies. These physicians rendered no advice relative to asbestos. Since these physicians rendered no advice relative to asbestos, their specific identity is not relevant nor material to this matter. 38. State in detail the duties and responsibilities of such Medical Department. ANSWER: See answer to Interrogatory No. 37. 39. Prior to 1965, did your company, or any predecessor(s), ever at any time give insulation mechanics or insula tion helpers who would be applying or removing . your products instructions concerning safety precautions to use in applying such products? If so, describe such instructions, to whom they were given, the dates they were given, and the manner of giving such instructions. ANSWER: ' No. 40. Did your company, or your predecessor (s), ever place any warning signs on the containers in which asbestos insulation products were packaged? ANSWER: Yes. 41. If you have answered Interrogatory No. 40 in the affir mative, please state: (a) On what date did your company, or your predeces sors), issue an order directing a warning be placed on your insulation products, or containers? (b)* ~On what, date was such warning actually first ' placed on your insulation products or containers? ' (c) On what date did your insulation products, accom panied by such warning, first reach the insulation . contractor? -14- I (d) State the exact wording of the first warning; (e) State the exact size of the warning printed on your asbestos insulation products or containers; (f) Did your company, or its predecessor(s), dictate the exact size of the printed warning? (g) Why did your company or its predecessor(s) place such warning on your asbestos insulation products or containers? (h) Did your company or its predecessor(s) place such warning on your asbestos insulation products or containers because you received a directive, - command/ suggestion, legal opinion, or any type of communication (written or otherwise) from any person, firm, corporation, governmental agency, committee, association, attorney or institute? If so, from whom and on what date did you receive such directive, command, suggestion, legal opinion, or other type of communication; (i) If the wording of the warning has ever been changed or altered, state when it was changed, and the exact change in the wording. ANSWER: (a) Defendant first placed warnings on its asbestoscontaining insulation products in 1969. (b) Defendant first placed warnings on asbestoscontaining insulation products in 1969, but the exact date in 1969 when warnings were first placed on the products is unknown at this time. (C) Unknown. <d) See copy of the warning attached hereto as Exhibit II. (eL See copy of the warning attached hereto as 'Exhibit II. To the best of Defendant' s knowledge this was the size of most of the warning labels attached to this Defendant's asbestos-containing insulation products. This Defendant has not manufactured asbestos-containing insulation i products since 1972. If any warnings were of a different size, this Defendant is not aware of such fact. (f) Defendant assumes that it was responsible for the selection of the size of its warning. (g) Defendant is unable to state at this time, some fifteen years after the occurrence, the exact information in the hands of the Defendant at the time the warning was placed on its products. Apparently some of the information concerning a possible health hazard from asbestos came from sources available to the public generally. (h) No. (i) Not applicable. 42. Did your company or its predecessor(s) ever place any warning directly on any of its asbestos insulation pipe covering itself, block itself, cloth itself, or mill board itself? ANSWER:. ' De'fendant did not have any "predecessors" as it under stands that term. Warnings were placed on the con tainers of the Defendant's products. 43. Did your company ever stamp the name of the company, its initials, or any identifying logo on any of its asbestos pipe covering, blocks, cloth, or millboard? ANSWER: If the Interrogatory inquires into the product as opposed to the package, the answer is "No". 44. Did the warning inquired about in Interrogatories Nos. 42 and 43, or similar warning, ever appear in any of your sales literature? If so, attach copies of such sales literature, showing the date such literature was . prihted. ANSWER: No. -16- i 45. On what date was the sales literature inquired about in Interrogatory No. 44 first provided to distributors or sellers of your company's products, or your predeces sor { s) ' s products? ANSWER: Not applicable. 46. Has your company, or your predecessor(s), ever devised a high temperature heat insulation which does not contain asbestos? If so, state the date that such insulation was first placed on the market. ANSWER: ' Defendant did not have any "predecessors" as it under stands that term. 47. Were any material safety data sheets ever prepared by your company or its predecessor(s)? If so, attach copies. . ANSWER: . We do not understand the meaning of the term "material . safety data sheets." 48. Did your company or its predecessor ever recall any products containing asbestos from the common market? (a) State all details of such recall, giving the name of the product, the time of recall and any further action taken in connection with the recall. Defendant did not have any "predecessors" as it under stands that term. We do not understand the meaning of the term "common market" and therefore object to this Interrogatory. Products were sold to parties who were highly experienced in the insulation field. ANSWER SUBJECT TO OBJECTION: . Thrs Defendant never recalled any products containing asbestos. 49. Has your company or its predecessor(s) ever directly advised any contractor to whom you sell your products containing asbestos of threshold limit values for Vo 17- exposure to asbestos dust recommended by the American Conference of Governmental Industrial Hygienists? If so, state the date or dates that you so advised such contractors, the manner in which you advised such contractors, and the name of each contractor. ANSWER: Defendant did not have any "predecessors" as i't under stands that te'rm. However, as to this Defendant the . answer is "No." ' 50. Prior to 1964 did your company or its predecessor(s) ever manufacture insulation products containing asbes tos without a warning? List the years. ANSWER: Yes. 1963. 51. After 1964 did you ever manufacture insulation products containing asbestos without a warning? If so, list the name of the product and the years. ANSWER: - Yes. Defendant first placed warnings on its asbestoscontaining insulation products in 1969. 52. Prior 'to 1970, did your company, or any predecessor (s), ever manufacture and sell M high temperature heat insulation which does not contain asbestos? If so, state the date that such insulation was first placed on the market. ANSWER: Defendant did not have any "predecessors" as it under stands that term. Without being furnished a specific definition of "high temperature heat insulation" Defendant is unable to answer this Interrogatory. 53. Is _your company, as of the date of answering these . Interrogatories, still manufacturing, selling or dis tributing any insulation products containing asbestos? If so, give the brand names of such products and the binding material and date of first manufacture of such product. -18- ANSWER: No. 54. If your company, or your predecessor(s), ever devised a high temperature heat insulation which does not contain ' asbestos, state what prompted your company to devise such high temperature heat insulation not `containing ' asbestos. ANSWER: Defendant did not have any "predecessors" as it under stands that term. Without being furnished a specific definition of "high temperature heat insulation" Defendant is unable to answer this Interrogatory. 55. Has such high temperature heat insulation not contain ing asbestos performed satisfactorily; that is, is such insulation suitable for the purpose for which it is to be used? ANSWER: Without being furnished a specific definition of "high temperature heat insulation" Defendant is unable to answer this Interrogatory. 56. Give the trade names of your high temperature heat insulation products which do not contain asbestos, and state fully what such insulation contains. . ANSWER: Without being furnished a specific definition of "high temperature heat insulation" Defendant is unable to answer this Interrogatory. 57. State the decade that there first existed manufacturing technology for commercial purposes the use of chemicals and minerals for combining into a high heat insulation product a substitute for asbestos in insulation materials. - ANSWER: . Without being furnished a specific definition of "high temperature heat insulation" Defendant is unable to answer this Interrogatory. 19- \ 58. To your company's knowledge, in what decade was fiberglas first commercially available for insulation over 350 degrees F. ? ANSWER: Unknown. 59. In what decade was each of the following products commercially available for use and sale: (a) Fiberglass; (b) Calcium silicate; (c) Mineral wool; (d) Rock wool; (e) Foamglass; <f) Ceramics; (g) Wood pulp; <h) Organic pulp. ANSWER: Defendant objects to this Interrogatory because it is overly broad and irrelevant to this Defendant, at least in regard to (a), (b), (e) through (h) since this Defendant did not manufacture insulation products containing the materials listed in those subparts and an answer would involve research and opinions which Defendant is not required to perform or make. (a) Unknown. (b) Unknown. (c) Unknown. - (d)" Unknown. ' . (e) Unknown. (f) Unknown. -20- t (g) Unknown. (h) Unknown. 60. List all insulation products sold in the 1940's, 1950's and 1960's which did not contain asbestos and give the physical and tensile strength and temperature decompo sition data for each product. ANSWER: ' Defendant objects to this Interrogatory because it is overly broad and unduly burdensome and this Defendant could not possibly know or determine what insulation products were sold in the years set forth which did not contain asbestos. In addition. Defendant objects because this Interrogatory calls for an engineering study which this Defendant is not required to make. The list attached as Exhibit I provides all information concerning the asbestos-containing insulation products manufactured by this Defendant. 61. Did your company or any predecessor(s) ever have a division or subsidiary company engaged in the con tracting business of applying insulation products? If so, give the name of such division or subsidiary company, the full address of the home office of such division or subsidiary company., and the dates such division or subsidiary company was engaged in the contracting business. ANSWER: Defendant did not have any ''predecessors'' as it under stands that term. This Defendant had no insulation contract units. Neither this Defendant nor any of its divisions nor subsidiaries has been an insulation contractor. 62. Did any division of your company or subsidiary company engaged in the contract business of applying insulation products or your workmen's compensation insurance carrier ever have any claims for lung diseases or death . from lung diseases, whether directly or indirectly attributed to asbestosis, mesothelioma; lung cancer, or any exposure to asbestos products prior to 1972? If the answer is "Yes," give the name of such employees 21- I and attach copies of such claims and copies of all documents relating to the disposition and handling of such claims. ANSWER: ' Not applicable. See answer to Interrogatory No. 61. .63. Give the location of the state industrial accident board handling each such claim, the disposition of such claims, and the amounts paid in workmen's compensation benefits to each such employee, and the name of the compensation carrier. ANSWER: ` Not applicable. 64. Was your medical department or industrial health department or industrial hygienist responsible for con tracting unit employees? ANSWER: . Not applicable. ' 65. DiidJyour company or its predecessor(s) ever make any industrial hygiene surveys? If so, give the date of such surveys, and attach copies of such surveys. ANSWER: Defendant did not have any "predecessors" as it under stands that term. Defendant assumes this Interrogatory inguires into industrial hygiene surveys related to exposure to asbestos insulation products. In that case the answer is "No". This Defendant has continuously employed industrial hygienists since 1956. 66. _ State the year that this defendant or any predeces sor (s) was first advised of either threshold limit values or maximum allowable concentrations of both asbestos dust and total dust by the American Conference of 'Governmental Industrial Hygienists, and state the name of the employee-official of the company receiving such advice and attach copies of the instrument com municating such advice. -22- I ANSWER: Defendant did not have any "predecessors" as it under stands that term. Plaintiff is inquiring into informa tion concerning events which occurred almost eighteen years ago, and Defendant cannot answer this Interroga tory other than to say Defendant was aware of threshold limit values during at least some of the time it manufactured asbestos-containing insulation products. 67. Was such threshold limit values or maximum allowable concentrations inquired about in Interrogatory No. 66 ' TOTAL dust and not just asbestos dust? ANSWER: It is this Defendant's understanding that the threshold limit values, using a fiber counting method and as they apply to asbestos-containing insulation products were abestos fibers only. * 68. State in detail what test, if any, your company ever made with regard to the quantity,' quality of threshold limit values of asbestos dust or particles to which insulators were exposed while using your products containing asbestos. ANSWER: No tests have been made by this Defendant. 69. When did any official with your company first have knowledge, information or understanding' that asbestos would or could or might produce the diseases of: (a) Asbestosis; (b) Mesothelioma; . (c) Lung cancer; (d) Any other diseases; (ef 'With reference to your company give the name of ' such official who first had such knowledge, information or understanding; -23- (f) If there are any documents, records or memorandums of any' kind concerning such knowledge, list them and attach copies. ANSWER: Defendant objects to Interrogatory No. 69 because the question is vague, indefinite and seeks a medical opinion this Defendant is unable to render. Defendant has been unable to determine a specific date, nor source of information that an association existed between mesothelioma, or lung cancer and the inhalation of asbestos fibers. Dr. Irving J. Selikoff, who first reported there was no greater incidence of lung cancer in asbestos insulators who did not smoke cigarettes than the average American, published articles on this subject in the late 1960's. 70. ' As to every product of yours which you have identified in previous interrogatories state specific type or types of asbestos, (i.e., crocidolite, chrysotile, amosite or any others) which your products contained. If you have any percentage figures available, then give the percentage as to each product. ANSWER: See Exhibit "I". . 71. Does, defendant contend that plaintiff improperly used its products? ` . ANSWER: . Defendant does not know whether the plaintiff(s) used any product of this Defendant and this Interrogatory cannot be answered generally. As to individual plain tiffs, it can only be answered after discovery. 72. Set forth a list of photographs, plat^, sketches or other documents in the possession of -.he party that will potentially be used as an exhibit at the trial of this case by you. ANSWER: Defendant objects to this Interrogatory because the photographs which will be used or any exhibits which may be drafted for use at the trial of any case will -24- depend upon the facts of that case. Defendant further objects because these are matters to be listed in the appropriate pre-trial order and cannot be answered generally. 73. Were you or any of your agents, servants, employees aware of any of the articles described on Exhibit- A . . prior to the year 1950? No. ANSWER: ) ' ' Defendant objects to this Interrogatory because it is too broad, vague and indefinite to require a sworn response. In .addition, it is irrelevant to this Defendant who neither manufactured nor sold asbestos containing'insulation products prior to 1963. ANSWER SUBJECT TO OBJECTION: - 74. If you answered the foregoing question "Yes," then answer the following: (a) Set forth such articles you had knowledge of and the date you acquired such knowledge. ANSWER: Not applicable. 75. As of January 1, 1965, what quantity of the following asbestos-containing insulation products were stored in your warehousing facility or facilities awaiting sale to contractors or other concerns: (a) Pipe covering (state figure and number of boxes); (b) Block (state figure and number of boxes); (c) Cement (state figure and number of bags). ANSWER: * (a) None. ._ ' (b)&(c) This Defendant has no inventory or other records sufficient to respond to this Interroga tory. -25- 76. Do you have any photographs of the products, inquired about above or their packages or containers? If so, please attach exact copies. ANSWER: ' See answer to Interrogatory No. 75. \ 77. Do you contend that none of your asbestos-containing insulation products were sold to or ever reached the premises of any or all of the concerns listed in Exhibit "B" attached hereto? If so, indicate which and explain the factual basis for this contention. ANSWER: ' . Defendant objects to this Interrogatory because it is unlimited as to date and therefore does not limit the consideration of the answer to this Interrogatory to any specific case or any specific claimed exposure and it would be impossible to provide an appropriate answer for the short period of time this Defendant manufac tured asbestos-containing insulation. Respectfully submitted, ' SEWELL & RIGGS ' By: Robert Scott Bar No. 17911800 800 Capital Bank Plaza Houston, Texas 77002 (713) 652-8700 ATTORNEYS FOR DEFENDANT, COMBUSTION ENGINEERING, INC. -26- CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been mailed to Plaintiff's counsel, certified mail, return receipt requested, and to all other interested counsel in the Eastern District of Texas this the #7^ day of _____________, 1983. Robert Scott -27- THE STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY BEFORE ME,' the undersigned authority on this day per sonally appeared Frank T. Christenson, who, after being duly sworn, stated that he is employed by the Defendant, Combustion Engineering, Inc., and is authorized to execute this affidavit on behalf of the Defendant, and that the foregoing Answers and Objections to Plaintiffs' Master Set of Interrogatories are true and correct based on his information and belief. The answers are based on information secured from various sources within the company and ( SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned notary public to certify which witness my hand and seal of office on 1983. MY COMMISSION EXPIRES: THE STATE OF PENNSYLVANIA 29 Cooke, W.E., Brit. Medical Journal, 1924, ii, 147. II. A review of the methods used for sampling serial dust. Pub. Health Rep. 40:765, 1925. Cooke, K. E. and Hill, C. F., Journ.Roy.Micros.Soc, 1927, 47 {Series III), 232. Cooke, W.E.: Pulmonary Asbestosis, Brit.Med.J., 2:1024, 1927. Simson, F.W., Ann.Rep.'S.African' Institute for Med.Research, 1929, p. 64. . * f* Herewether, E.R.A..: The Occurrence of Pulmonary Fibrosis and Other Pulmonary Affections in Asbestos Workers, J. Industr. Hyg. 12:239-257, 1930. Merewether, E.R.A., Journ.Ind.Hyg. 1930, 12, 198 and 239. Merewether, E.R.A. and Price, C.W., Report on the Effects of Asbestos Dust on the Lungs and Dust Suppression in 'the Asbestos Industry. London: H.M. Stationery Office, 1930. Wood, W.B., and Gloyne, S.R.: Pulmonary Asbestosis, Lancet 1:445-448, 1930. . Gardner, L.U. and Cumminas, D.C., Journ.Indust.Hyg., 1931, 13, 65, and 97. Gloymp, S.R.: The Formation of the Asbestosis Body in the Lung. Tubercle, 12:399-401, 1931. _ Seiler, H.E., and Gilmoure, M.D., British Med.Journ, 1931, i. 1112. ` Simpson, F.W. and Strachan, A.S.: Asbestos Bodies in Sputum. J.Path.Bact. 34:1, 1931. Merewether, E.R.A.: A Memorandum on Asbestosis, Tubercle 15:69, 109, 152-159, 1933-34. Fulton, W.B., Dooley, A., Matthews, J.L., et al: Asbestosis, ~ Part II. The Nature and Amount of Dust Encountered in . -Asbestos Fabricating Plants. Part III. The Effects of ` Exposure to Dust Encountered in Asbestos Fabricating Plants on the Health of a Group of Workers (Bulletin 42). Pennsylvania Department of Labor and Industry, Harrisburg, 1935. EXHIBIT A, PAGE 1 TO PLAINTIFFS' MASTER SET OF INTERROGATORIES Fulton, W.B., et al: Asbestos Part III: Special Bulletin No. 42,.Penn. Dept, of Labor and Industry, Harrisburg, Penn., 1935. Lanza, A.J., McConnell, W.J., Fehnel, J.W.: Effects of the Inhalation of Asbestos Dust on the Lungs of Asbestos Workers: A Preliminary Study. Public Health Rep. 50:1-12, 1935. . Lynch, K.M., and Smith, W.A.: Pulmonary Asbestosis. II: Carcinoma of the Lung in Asbesto-Silicosis. Am.J.Cancer 24:56-64, May 1935. ' Page, R.C.: Sputum in Pulmonary Asbestos. Amer. J.Med. Sci. 189 (1): 44: 1935. McPheeters, S.B.: A Survey of a Group of Employees Exposed to Asbestos Dust. J.Ind.Hyg. 18:229-239, 1936. Selfridge, G.C.: An X-ray and Optical Investigation of the Serpentine Minerals. Amer.Mineral 21:463, 1936. Dressen, W.C., Dallavalle, J., Edwards, T.I., et al: A Study of Asbestosis in the Asbestos Textile Industry. Public Health Bulletin No. 241, Washington, D.C. Government Printing Office, 1938. Lanza, A.J.: Silicosis and Asbestosis, New York, London, Toronto: Oxford University Press, 1938, pp. 23, 59. * * Gardner, L.U.: The Pathology and- Roentgenographic Manifesta. tions of Pneumoconiosis. J.A.M.A., 114:535, 1940. Stout, A.P., and Murray, M.R. (1942), Arch.Path. (Chicago), 34, 951. . Homburger, F.: The Co-Incidence of Primary Carcinoma of the Lungs in Pulmonary Asbestosis, Amer.J.Path. 19:7.97-805, 1943. Fleischer, Walter, Drinker, Philip, et al: "Health Survey of Pipe Covering Operations in Constructing Naval .Vessels, Journ.Industrial Hyg.&Tox. 28:9. 1946. Merewether, E.R.A.: Annual Report Chief Inspector of Factories for Year 1947, London: Her Majesty's Stationary Office, 1947, p. 79-81. EXHIBIT A, PAGE 2 Lynch, K.M. and Cannon, W.M.: Asbestosis: VI. Analysis of ` 40 Necropsied Cases, Brit.J.Industr.Med. 14:874-890, 1949. Rosato, D.V.:- Asbestos, Its Industrial Applications. Rheinhold Pub.Co.: 214: 1949. Forbes, J.J., Davenport, S.J. and Morgis, G.G.: Review of Literature on Dusts. Bulletin 478. United States Government Printing Office, Washington, D.C. 1950. Sano, M.E., Wiss, E., and Gault, E.S. (1950), J.Thorac.' Surg.,19,783. . Hochberg, L.A.: Endothelioma (Mesothelioma) of the Pleura: Review, with Report of 7 cases, 4 of which were Extirpated Surgically. Am.Rev.Tuber. 63:150-175, February, 1951. Vorwald, Arthur J., Thomas M. Durkam, and Phillip C. Pratt: Experimental Studies of Asbestosis. Arch.Ind.Hygiene, and Occup.Med., 3:1, 1951. Vorwald, A.J., Durkam, T.M. and Pratt, P.C.: Experimental Studies of Asbestosis, Arch.Industr.Hyg.Occup. Med. 3:1-43, 1951. McIntyre Research Foundation, Lanza, A.J.: Asbestosis, ' read before 4th Conference of McIntyre Research Foundation on Silicosis held in Norando, Quebec, * Jan. 27, 1952. Behrens, W., Jr.: The Clinical Picture and Pathology of Asbestosis, 2 Unfallmed, Berufskr 45:129, 1952. Idem: The Classification of Dusts Which Cause Pulmonary Disability. Proceedings. Third International Conference of Experts on Pneumoconiosis. Sydney, Australia, 1950. Geneva International Labour Office 1953. ' Isselbacher, K.J., Klaus, H., and Hardy, H.L.: Asbestosis ' and Bronchogenic Carcinoma: Report of One Autopsied Case and Review of Available Literature, JAMA 15:721, . 732, 1953. Isselbacher, K.J., Klaus, H., and Hardy, H.L.: Asbestosis and Bronchogenic Carcinoma: Report of One Autopsied Case and Review of Available Literature. Am.J.Med. 15:721-732, . November 1953. EXHIBIT A, PAGE 3 Bonser, G.M., Faulds, J.S., and Stewart, M.J.: Occupational Cancer of the Urinary Bladder in Drystuffs Operatives and of the Lungs in Asbestos Textile Workers, and Iron-Ore Miners, Amer.J.Clin.Path. 25:126-134, 1955. Doll, R.: Mortality from Lung Cancer in Asbestos Workers, Brit.J.Industr.Med. 12:81-86 (April 1955). Hunter, D.: Diseases of Occupation. Boston: Little, Brown and Co., pp. .874, 875, 871 (1955). Lynch, Kenneth M.: Pathology of Asbestosis. A.M.A. Arch. Ind. Health, 11:185, 1955. ' Schepers, G.W.: Industrial Asthma and Bronchitis. Indus. Med. 24:53 (1955). Smith, Kenneth W.: Pulmonary Disability in Asbestos Workers. A.M.A. Arch.Ind.Health, 12:198, 1955. Smith, K.W.: Pulmonary Disability in Asbestos Workers, Trans actions of the Mclntyre-Saranac Conference on Occupational Chest Disease, G.W.H. Schepers (ed) Chicago: American Medical Association 1955, pp. 196-201. Merewether, E.R.A.: Annual Report of Chief Inspector of Factories for the Year 1955, London: Her Majesty's Stationary ' Office, 1955, p. 206. Annual Report of Chief Inspector of Factories for Year 1955, London: Her Majesty's Stationary Office, 1956, p. 206. Merewe~ther, E.R.A., Editor: Industrial Medicine and Hygiene. London: Butterworth & Co., Ltd. Vol. 3, p.216, 1956. Whittaker, E.J.W. and Zussman, J.: The Characterization of Serpentine Minerals by X-ray Diffraction. Mineral Mag. 31:107, 1956. Mclver, F.A. and Cain, J.R. (1957) A.M.A. Arch. Industr. O'Donnel, W.J. and Mann, R.J., Asbestos: An Extrinsic Factor in the Pathogenesis of Bronchoaenic Carcinoma. Amer. - J .Path. 3.3:610, 1957. Hygienic Guides Committee: Asbestos, Amer. Industr.Hyg.Assoc. J.r 19:161-162, 1958. EXHIBIT A, PAGE 4 "Badollet, M.S. and McCourty, J.P.: Identification of minerals associated with asbestos by x-ray diffraction patterns. Trans.Can.Min. and Metal, Bull. 61:169, 1958. Braun, D.C., and Traun, T.D.: Epidemiological Study of Lung Cancer in Asbestos Miners, Arc.Industr.Health 17:634 653, 1958. Bamblin, W.P.: Dust Control in Asbestos Textile Industry. Ann.Occup.Hyg. 2:54-75, December 1959. Bohlig, H., Jacob, G. 'and Kallabis, B.: Morbidity and Pathology of Lung Cancer with Asbestosis, Z.Unfallmed Berufskr 52:64-78, 1959; abstracted Bull.Hyg.34:10201021, 1959. Wagner, J.C., in Orenstein, A.J., (ed) 1960): Proceedings of the Pneumoconiosis Conference, Johanessburg, 1959, p. 373, London: Churchill. Anderson, John and Francis A. Campaona: Asbestosis and Carcinoma of the Lung, Arch. Env. Health, 1:39, 1960. Clinicopathologic Conference: Complications of Asbestosis, Demonstrated at the Postgraduate Medical School of London, Brit.Med.J., No. 5182:1345, 1960. Clinicopathologic Conference, U.S. Naval Hospital, Penn.,U.S. - Armed Forces Med. J., 2:203, 1960. Eisenstadt, H.B.: Malignant Mesothelioma of the Pleura. Dis.Chest, 30:549, I960. Eisenstadt, H.B.i Primary Malignant Mesothelioma of the Pleura. Journal-Lancet, 80:511, I960. Gross, P.: Current- Concepts of Pneumoconiosis: Pathological Aspects. J.A.M.A. 172:546. 1960. Keal, E.E.: Asbestosis and Abdominal Neoplasms. Lancet 2: 1211-1216, Dec. 3, 1960. Leathart, G.L.: Critical, Bronchographic, Radiological and Physiological Observations in Ten Cases of Asbestosis, --Brit.J.Ind.Med. 17:213, I960. Menkin, V.: Role of Inflammation in Carcinoqenesis, Brit. Med.J. 1:1586-1594, I960. EXHIBIT A, PAGE 5 Wagner, J.C., Sleggs, C.A. and Marchand, P.: Diffuse Pleural ' Mesothelioma and Asbestos Exposure in the North Western Cape Province, Brit.J.Industr.Med. 17:260-271, 1960. . Williams, R. and Hugb-Jones, P.: The Radiological Diagnosis of Asbestos, Thorax, 1960, 15, 1963. Will jams, R. and Hugh-Jones, P.: The Significance of Lung Function Changes in Asbestosis. Thorax 15:109-120, 1960. . Bader, Mortimer, E., Richard A. Bader, and I.J. Selikoff: Pulmonary Function in Asbestosis of the Lung. Am.J.Med., 30:235, 1961. Castleman, Benjamin, and Betty U. Kibbee: Case Records of the Massachusetts General Hospital, Weekly Clinicopathological Exercises, Case 73-1961. New Eng.J.Med. 265:745, 1961. Heard, Brian E-. and Roger Williams: The Pathology of Asbestosis with Reference to Lung Function. Thorax, 16:264, 1961. Horai, 2., et al: Asbestos Bodies in Sputum Samples. .J.Nara.Med.Assoc. 12:387, 1961. Michel, Jerry: Health Progress in an Asbestos Textile Works. Arch. Env.Health, 3:42, 1961. Mitchell, J.: Health Progress in an Asbestos Textile _ Works, Arch.Environ.Health 3:37-41, 1961. Telischi, M. and A.I. Rubenstone: Pulmonary Asbestosis. Arch.Path. 72:234, 1961. American College of Chest Physicians: Asbestosis and the Asbestos Dust, 1962. Cordova, J.F.; Tesluk, H.; and Knudtson, K.: Asbestosis and Carcinoma of th'" Lung, Cancer 15:1181-1187, 1962. McCauqhey, W.T.E.: Exposure to Asbestos Dust and Diffuse ` Pleural Mesotheliomas, Brit.Med.J. 2:1397, 1962. Smither, W.J.: Mesotheliomas and Asbestos Dust, Brt.Med.J. 2: 1194-11954 ,' ,1n --962. EXHIBIT A, PAGE 6 Mancuso, T.F. and Coulter, E.J.: Methodology in Industrial Health Studies - The Cohort Approach With special Reference to an Asbestos Company. Arch.Environ. Health 6:210, 1963. Thompson, J.G.: Exposure to Asbestos Dust and Diffuse Pleural Mesotheliomas, Brt.Med.J., 1:123, 1963. Thompson, J.G., Kaschula, R. and MacDonald, R.: Asbestos as a Modern .Urban Hazard. South African Med.J. . 27:77, 1963. ' Bates, D.V. and Christi, R.V.: Respiratory Function in Disease, Philadelphia: W.B. Saunders'Co., p. 388, 1964. Cancer Mortality and Morbidity, Harrisburg, Pa.: Pennsylvania Department of Health, 1964. Davis, J.M.G.: The Ultrastructure of Asbestos Bodies From Human Lung. Brit.J.Exper.Path. 45:642-646, December 1964. *- Eisenstadt, H.B.: Asbestos Pleurisy, Dis.Chest, 46:78, 1964. Elmes, .* P.C. and Wade, O.L.: The Relationship of Exposure to Asbestos and Pleural Malignancy in Belfast. Conference on Biological Effects of Asbestos, New York Academy of Sciences, October 1964, not yet published. Elwood, P.C. et al: A Follow-up Study of Workers from an Asbestos Factory. Brit.J.Indus.Med. 21:304-307, Oct. 1964. = Enticknap, J.B. and Smither, W.J.: Peritoneal Tumors in Asbestosis, Brit.J.Industr.Med. 21:20-31, 1964. Fowler, P.B.S., Sloper, J.C. and Warner, E.C. (1964) Brit.Med.J., 2,211. Hueper, W.C.: Cancer Induction by Polyurethane and Polysilicone Plastics. J.Nat.Cancer Inst. 33:1005, 1964. May, T.C.: Asbestos: Reprint from Bureau of Mines Yearbook, _ 1964 Washington, D.C., U.S. Dept, of the Interior, . Bureau of Mines. Newhouse, M.L.: Epidemiology of Mesothelial Tumours in the London Area. Conference on Biological Effects of Asbestos, New York Academy of Sciences, October 1964, not yet published. EXHIBIT A, PAGE 7 Owen, W. Glyn (1964) Brit.Med.J., 2,214. Owen, K.G.: Pleural Mesothelial Tumours and Exposure of Asbestos Dust. Conference on Biological Effects of Asbestos, New York Academy of Sciences, October 1964, not yet published. Selikoff, I.J., Churg, J. and Hammond, E.C.: Asbestos Among Insulation Workers in the United States. Conference on Biological Effects of Asbestos, New York Academy of Sciences, October 1964 , not yet published. . Selikoff, I.J., Churg, J. and Hammond, E.C.: Asbestos Exposure and Neoplasia, JAMA 188: 22-26, 1964. The Association of Asbestos and Malignancy, (Editorial), Canad. Med. Assoc. J., 92:1034, 1965. Report of the U.I.C.C. (International Union Against Cancer), Working.Group on Asbestos and Cancer. Arch.Environ. Health 11:221, 1965. Bader, M.E. et al: Pulmonary Function in Asbestosis: Serial Tests in a Long-Term Prospective Study.., Ann.N.Y. Acad.Sci. 132:391-405, 1965. Berkley, C., Churg, J. and Selikoff, I.J.: Detention and* * Localization of Mineral Fibers in Tissue. Ann.N.Y. Apad.Sci. 132:48, 1965. Buchanan, W.D.: Asbestosis and Primary Intrathoracic Neoplasms, * Ann. N.Y. Acad. Sc. 132:507-518 (Dec. 31) 1965. Churg, J., Rosen, S.H., Moolten, S.: Histological Characteristics of Mesothelioma Associated with Asbestos. Ann.N.Y.Acad.Sci. 132:614, 1965. Ciocco, A., Hancuso, T.F. and Thompson, D.J.: Four Years . Mortality Experience of a Segment of the United States Working Population. Amer.J.Public Health 55:587, 1965. Dunn, J.E. and Weir, J.M.: Cancer Experience of Several -Occupational Groups Followed Prospectively, Amer.J. " Public.Health 55:1367-1376, (Sept.) 1965. Dutra, F.R. and Carney, J.D.: Asbestosis and Pulmonary Carcinoma, Arch.Environ.Health, 10:416, 1965. EXHIBIT A, PAGE 8 Elmes, P.C.', McCaughey, W.T.E. and Wade, O.L.: Diffuse Mesothelioma of the Pleura and Asbestos. Brit.M.J. 1:350-353, Feb. 6, 1965. Enterline, P.E.: Mortality Among Asbestos Products in the United States, Ann.N.Y.Acad.Sci. 131:156-165, 1965. Gaze, R.: The Physical and Molecular Structure- of Asbestos. Ann.New York Acad.Sc. 132:23-30, Dec. 31, 1965. Gilson, J.D.: Problems and Perspective, The Changing. Hazards of ExDosure to Asbestos. Ann.N.Y. Acad.Sci. 132:696, 1965. Hammond, E.C., Selikoff, I.J. and Churg, Jr.: Neoplasia Among Insulation Workers in the United States with Special Reference to Intra-abdominal Neoplasia. Annals New York Academy of Sciences, 132:519-25, 31, Dec. 1965. Hardy, Harriett L.: Asbestos Related Disease, Amer.J.Med. Sci., 250:381, 1965. Hendry, N.W.: The Geology, Occurrence, and Major Uses of Asbestos. Ann. New York Acad. Sc. 131:12-32, Dec. 31, 1965. '. Hinson, K.F.W.: Cancer of the Lungs and Other Diseases after ` Exposure to Asbestos Dust, Brit.J.Dist.Chest, 59:121, 1965. Houribane, D.O.: A Biopsy Series of Mesotheliomata, and Attempts to Identify Asbestos Within Some of the ^ Tumors. Ann.N.Y.Acad.Sci. 132:647, 1965. Hunt, R.: Routine Lung Function Studies on 830 employees in an Asbestos Factory. Ann. N.Y.Acad. Sci. 132:406-420, 1965. Jacob, G. and Anspach, M. (1965). Pulmonary Neoplasia Among Dresden Asbestos Workers. Ann.N.Y.Acad.Sci., 132, 536-548. ' Jones-Williams, W.: Asbestosis and Lung Cancer. Arch. . Environ.Health 10:44-45, January, 1965. Kiviluoto, R.: Pleural Plagues and Asbestos: Further observations on endemic and other non-occupational asbestosis. Ann.New York Acad.Sc. 1965, 132, 235-239. Knox, J.F., Doll, R.S. and Hill, I.D.: Cohort Analysis of ' Changes in Incidence of Bronchial Carcinoma in Textile Asbestos Factory. Ann. N.Y. Acad. Sci. 132:526, 1965. EXHIBIT A, PAGE 9 May, T.C.: Asbestos (in) Mineral Pacts and Problems, 1965 ed. Bull. 630, Washington, D.C., U.S. Dept. . of the Interior, Bureau of Mines. McVittie, J.D.Asbestosis in Great Britain. Ann.New York Acad.Sci. 1965, 132, 128-138. Selikoff, I.J., Churg, J., and Hammond, E.C.: Relation Between Exposure to Asbestos and Mesothelioma. New England J.Med. 272:560-565, March 18, 1965. Smither, W.J.: Secular changes in asbestosis. Ann.N.Y. Acad.Sci. 132: 166-181, 1965. Steel, S.J. and Boyd, J.: Pleural Calcification and Mesothelioma following exposure to asbestos, Brit.J.Dis.Chest, 59:130, 1965. Thompson, M.L., Pelzer, A.M., Smither, W.J.: The Discriminant Value of Pulmonary Function Tests in Asbestosis. Ann.N.Y.Acad.Sci. 132:421-436, 1965. Vigliani, E.C., Mottura, G. and Maranzana, P.: Association of Pulmonary Tumors with Asbestosis in Piedmont and Lombardy. Ann.New York Acad. Sc. 132:558-574, Dec. 31, 1965. Wagner, J.C.: Epidemiology of Diffuse Mesothelial Tumor: Evidence of an Association from Studies in South Africa and the United Kingdom. Ann.N.Y.Acad.Sci. 132: 575, 1965. Wells, J.: Biological Effects of Asbestos. Section V. Human Exposure to Asbestos: Dust Controls and Standards: Discussion. Ann.N.Y.Acad. Sci. 132: 335-336, 1965. Whipple, H.E. (Ed): Biological Effects of Asbestos. Ann. N.Y.Acad.Sci. 132:1-766, 1965. Anjilvel, L. and Thurlbeck, W.M.: The Incidence of Asbestos Bodies in the Lungs at Random Necropsies in Montreal. . Cana. M.A.J. 95:1179-1182, Dec. 3, 1966. Crable,-J.V. and Knott, M.J.: Quantitative x-ray diffraction analysis **of cordidolite and amosite in bulk or settled dust samples. Amer.Ind.Hyg.Assn.J. 27:449, 1966. EXHIBIT A, PAGE 10 Cross, P.: Today's Pressing Question - How Safe is Urban ' Ambient Air? (Letter to the Editor), Arch.Path. 82:195, 1966. Gilson, J.C.: Wyers Memorial Lecture, Health Hazards of Asbestos. Recent Studies on Its Biological Effects. Trans.Coc.Occup.Med. 16:62, 1966. Hourihane, D.O.B., Lessof, L., and Richardson, P.C.: Hyaline and Calcified Pleural Plagues as Index of Exposures to Asbestos. Brit. M.J. 1966, 1, 1069-1074. Kleinfeld, M., Messite, J., Kooyman, 0. et al: Effect of Asbestos Dust Inhalation on Lung Function. Arch. Environ. Health 12:741-746, 1966. O'Donnell, W.M. Mesothelioma Associated with Asbestos: A Report of Three Cases, Cancer 19:521 (Aug.) 1966. . O'Donnell, M., Mann, R.J. and Grosh, J.L., Asbestos, An Extrinsic Factor in the Pathogenesis of Bronchogenic Carcinortia and Mesothelioma. Cancer 19:1143, 1966. +* Thompson, J.G. and Graves, W.M.: Asbestos as an urban air contaminant. Arch.Path. 81:458, 1966 Cooper, W.C.: Asbestos as a Hazard to Health. Arc. Environ. . Health 15:285, 1967. Fleischner, F.G.: Case records of Massachusetts General Hospital. New England J. Med., 1967, 276, 230-237. Gandevia, B.: Pulmonary Function in Asbestos Workers: A Three-Year Follow-Up Study. Am.Rev.R. p.Dis. 96:420-427, 1967. Graham, J. and Graham, R. (1967). Ovarian Cancer and Asbestos. Environ. Res., 1, 115-128. Kleinfeld, M., Messite, J., Kooyman, O.: Mortality Experience in a Group of Asbestos Workers. Ind.Hyg.Rev. 9:13-20, 1967. Murphy,^R.L. H.: Asbestosis in New Ship Construction, Thesis. - Harvard University School of Public Health, Boston, 1967. Regan, G.M., Tagg, B., Thomson, M.L.: Subjective assessment and objective measurement of finger clubbing. Lancet 1:530-532, 1967. EXHIBIT A, PAGE 11 Edwards, J.H., Lynch, J.R.: The Method Used by the U.S. Public . Health Service for Enumeration of Asbestos Dust on Membrane Filter. Amer.Occup.Hyg. 11:1-6, 1968. Ernst, K.G.: Amphiboles: Crystal Chemistry, Phase Relations and Occurrence. New York, Springer-Verlag: 125, 1968. Gilson, A.M. et al: Epidemiology of mesothelioma in Scotland. Proc. of 2nd Inti. Conf. onBiological Effects of Asbestos, Dresden Meeting, 21-25 April 1968, Paper 69. Hagerstrand, I., Meurman, L., Odlund, B.: Asbestos Bodies in the Lungs and Mesothelioma: A Retrospective Examination of a Ten-Year Autopsy Material. Acta. Path.Microbiol Scan 72:177,. 1968. ' Holstein, E. (ed): Second International Conference on the Biological Effects of Asbestos. Dresden, Germany, 1968. Knox, J.F., Holmes, S., Doll, R. and Hill, I.D. (1968). Mortality from Lung Cancer and Other Causes Among Workers.in an Asbestos Textile Factory. Brit.J. Industr. Med. 25, 293-303. Leathart, G.L.: Pulmonary Function Tests in Asbestos Workers. Trans. Soc. Occupational Med. 18:49-55,- 1968. Selikoff, I.J., Hammond, E.C. and Churg, J.: Asbestos ' ' Exposure, Smoking and Neoplasia. J.A.M.A. 204:106 (1968). Stumphius, J., Meyer, P.B.: Asbestos Bodies and Mesothelioma. Ann.Occup.Hyg. 11:283-293, 1968. Newhoirse, M.L.: The Mortality of Asbestos Factory Workers. Proceedings of the International Conference on Pneumoconiosis. Johannesburg, S.Africa, 1969. Speil, S. and Leineweber, J.: Asbestos Minerals in Modern Technology. Environ.Res. 2:166, 1969. Suzuki, Y. and Churg, J.: Structure and Development of the Asbestos Body, Amer.J.Path. 55:79, 1969 Thompson, J.G.: The Pathogenesis of Pleural Plaques. Republic -o-f South Africa, Department of Mines, International Conference on Pneumoconiosis, Johannesburg, April 23May 2, 1969, 71-74. Ashcroft, T. and Heppleston, A.G. (1970). Mesothelioma and Asbestos on Tyneside-A Pathological and Social Study. In Pneumoconiosis. Proceedings of the International Conference, Johannesburg 1969, edited by H.A. Shapiro, pp. 177-179. Oxford University Press, Cape Town. EXHIBIT A, PAGE 12 Bader, M.E. et al: Pulmonary Function and Radiographic Changes ' in 598 Workers with Varying Duration of Exposure to Asbestos. M.Sinai J.Med.N.Y. 37:492-500, 1970. Fletcher, D.E. and Edge, J.R.: Early Radiological Changes in Pulmonary and Pleural Asbestosis. Clin.Radiol. 1970, 21, 355-365. Gross, P.r et al: Problems in the Pathology of Asbestos. Shapiro, H.A. (ed): Pneumoconiosis. Proceedings of the International Conference, Johannesburg, 1969. Capetown. Oxford Univ.Press, 1970, pp. 126-132. Gross, P., et al: Pulmonary Response to Fibrous Dusts of Diverse Compositions. Am.Ind.Hyg.Assoc.J. 31:125-132, 1970. . Langex, A.M., Rubin, I., and Selikoff, I.J.: Electron Microprobe Analysis of Asbestos Bodies: Proc. of the Pneumoconiosis Conf., John., H.A. Shapiro, Ed., Oxford Univ. Press, Capetown: 57, 1970. .. McDonald, A.D., Harper, A., El Attar, O.A., et al: Epidemilogy of Primary Malignant Mesothelial Tumors in Canada. Cancer 26:914, 1970. Morgan, A., and Holmes, A.: Neutron Activation Techniques in * Investigations of the Composition and Biological Effects ' of Asbestos. Pneumoconiosis: Proc. of the Inti. Conf. John., H.A. Shapiro, Ed., Oxford Univ. Press, Capetown: 52, 1970. Timbrell, V.: Characteristics of the UICC Standard Reference Sample of Asbestos. Pneumoconiosis: Proc. of the Inti. Conf. John., 1969. H.A. Shapiro, Ed., Oxford University Press, Capetown, 28, 1970. Webster, I.: The Pathogenesis of Asbestos. Shapiro, H.A.(Ed): Pneumoconiosis. Proceedings of the Inti. Conf., Johannesburg, 1969, Capetown, Oxford University Press, 1970, pp. 117-119. McDonald, J.C., McDonald, A.D., Gibbs, G.W., et al: Mortality from Lung Cancer and Other Causes in the "Chrysotile Asbestos Mines and Mills of Quebec. Arch. Environ.Health, 1971. Murphy, R.L.H. Jr., et al: Effects of Low Concentrations of Asbestos: Clinical, Environmental Radiologic, and Epidemiologic Observations in Shipyard Pipe Covers and Controls. N.Engl.J.Med. 285:1271-1278, 1971. EXHIBIT A, PAGE 13 V Waqner, J.C., Gilson, J.C., Berry, G. and Timbrell, V. (1971): Brit.Med.Bull., 27, 71. Enterline, P.E., DeCoufle, P., Henderson, V.: An Epidemio logical Study of Respiratory Cancer Among Retired Asbestos Workers to Establish Standards for Occupational Exposures. Presented at the annual meeting of the American Academy of Occupational Medicine, Pittsburg, Feb. 9, 1972. Langer, A.M., Rubin', I-., Selikoff, I.J.: Chemical Characterization of Asbestos Body Cores by Electron Microprobe Analysis. Histochem. and Cytochem 20:723, 1972. . Langer, A.M., et al: Chemical Characterization of Uncoated Asbestos Fibers from the Lungs of Asbestos Workers by Electron Microprobe Analysis. J. Histochem and Cyto chem 20:735, 1972. Murphy, R.L.H., et al: Low Concentrations of Asbestos: ' Respiratory Gas Exchange in Shipyard Pipe Covers and Controls. Arch.Environ.Health, 1972. Newhouse,M.L., et al: A Study of the Mortality of Female Asbestos Workers. Brit.J.Ind.Med. 29:134 (1972). Morqan, W.K. and Seaton, A.: Occupational Lung Diseases, Philadelphia, W.B. Saunders Co., 1975, p. 134. RodrigueR.: Asbestos Exposure and Small Airways Disease. " Respiratory News Bulletin,, Vol. 18, 1976. ' Stellj P.M. and McGill, T.: Exposure to Asbestos and Laryngeal Carcinoma. J. Laryng. & Otol. 89: 513 (1975). Wagoner, J.: Address Presented to Meeting of Asbestos Information Association, Washington, D.C. 1975. Elmes, P.C.: Risk Factors in Asbestos Exposure. J.Roy." Soc.Med. 71:914 (1977). Martischnig, K.M., et al: Unsuspected Exposure to Asbestos . and Bronchogenic Carcinoma. Brit.M.J. 1:746 (1977.). Monograph on Asbestos, Geneva, Switzerland, International Agency for Research on Cancer, 1977, Vol. 14, p. 42. EXHIBIT A, PAGE 14 I* Sarraci, R.: Asbestos and Lung Cancer: An Analysis of the , Epidemiologic Evidence on the Asbestos-Smoking Interaction, Internat.J.Cancer 20:323 (1977). Frank, A.L.: Courtroom Medicine, Vol. 13, Cancer 26:43 (1978). Joseph, G.P.: Less than "Certain" Medical Testimony. Trial 14:51 (Jan) 1978. Sterling, T.D.: Does Smoking Kill Workers or Working Kill Smokers? OR The Mutual Relationship Between . Smoking, Occupation and Respiratory Disease. Internat. J. Health Services 8:437 (1978). Enterline, P.: Attributability in the Face of Uncertainty, Unpublished Data, Paper Presented at the International Conference on Occupational Lung Disease Session of Asbestos and Lung Cancer, San Francisco, Calif. Feb. 27, 1979. Hammond, E.C. and Selikoff, I.J.: Asbestos Exposure, Cigarette Smoking and Death Rates. Ann.N.Y.Acad. Sci. 330:473 (December 14) 1979. Wagoner, J., et al: Malignant and Nonmalignant Respiratory Disease Mortality Patterns Among Asbestos Production Workers, In Congressional Record, 93rd Congress, ' First Session, Washington, D.C., U.S. Government Printing Office, Vol. 119, Pt. 6, p. 7828. ' EXHIBIT A, PAGE 15 % %* Atlantic Refinery, Port Arthur, Texas Arco Polymers Refinery, Port Arthur, Texas American Bridge Division, US Steel, Orange, Texas American Petrofina, Port Arthur, Texas Amoco, Chocolate Bayou, Texas Bethlehem Steel, Beaumont, Texas Cities Service Refinery, Lake Charles, Louisiana Cit Con Refinery, Lake Charles, Louisiana Carbon Carbide, Texas City Consolidated Shipyard,-Orange, Texas Continental Refinery, Lake Charles, Louisiana Dow Chemical, Freeport, Texas E.I. DuPont, Orange, Texas E.I. DuPont, Beaumont, Texas . Firestone, Orange, Texas . Gulf Oil Corporution, Port Arthur, Texas Gulfport Shipbuilding, Port Arthur, Texas Goodyear, Baytown; Texas Gu3f States Powerhouse, Bridge City, Texas Jefferson Chemical, Port Neches, Texas Levingston Shipbuilding Company, Orange, Texas Mobil Chemical, Beaumont, Texas Monsanto Chemical, Chocolate Bayou, Texas Olin-Matheson, Lake Charles, Louisiana Petro Tex, Houston, Texas PPG Plant, Lake Charles, Louisiana Pure Oil Refinery, Port Neches, Texas Shell Chemical, Deer Park, Texas Sinclair-Koppers, Port Arthur, Texas Sinclair-Koppers, Pasadena, Texas Sinclair-Koppers, Houston, 'Texas Texaco Refinery, Port Arthur, Texas Union Oil", Port Arthur, Texas EXHIBIT B TO PLAINTIFFS' MASTER SET OF INTERROGATORIES fo EXHIBIT I ISULATING BLOCK PERCENT AND C-E ESTIMATED TYPE OF . START STOP ASBESTOS #12 Insulating Block (P) 1963 1966 4.5(A) 0 #19 Insulating Block (P) 1963 0 Griptex Mineral Wool Block (I) . 1964 1966 1972 4.6(A) 2.0(C) 0 Kaiser M Block (I) > 1964 1971 2.0(C) CONTAINER Cardboard Carton Cardboard Carton Cardboard Carton Cardboard Carton :SULATING CEMENTS .) Stic-tite (P) 1963 ) Super Stic-tite (P) 1964 ) _uper Finish Stic-tite (P ) 1963 ) super Finish (P) 1965 ) Super 711 (I) 1964 ) Kaiser Mineral Wool Cement (I) 1964 ) Utility Thermal Finish Cement (I) 1964 ) Casing Cement (I) ) MHD Finishing Cement (I) ) Pyroscat Fireproofing Cement (I) 1964 1964 1964 ) Hilite Insulating Cement (I) - 1964 > A-1199 Insulating Cement (P) 1963 8/30/72 8/30/72 6/27/72 1/10/68 6/27/72 38.6-42.2(C) 9.89-10(C) 11.5-13.1(C) 14.2(C) 13.75(C) 1971 13.75(C) 2/28/72 1969 1968 5.00(C) 4.9(C) 68.03(C) 6/8/72 3.0(C) 1968 9.1(C) 8/23/66 43.4(C) 50 lb bags 50 lb bags 50 lb bags 40 lb bags 50 lb bags 50 lb bags 50 lb bags 50 lb bags 50 lb bags 50 lb bags 50 lb bags 50 lb bags t ISULATING BLOCK 1} SDK 50 (P) \) Buck Stay Cement . A-1360 (P) i) Castablock (P) a) Stirup Cement (P) \) Calcrete 30 (I) PERCENT AND C-E ESTIMATED TYPE OF START STOP ASBESTOS 1963 1966 0.4(A) CONTAINER 50 lb bags 1965 1965 1965 1964 1966 1966 1966 1970 0.8(A) 1.2(A) 42.7(C) . 7.8(C) 50 lb bags 50 lb bags 50 lb bags 50 lb bags SCELLANEOUS PRODUCTS ) Asbestos Rope (I) 1964 1965 ) Permiseal (I) fibers in emulsion) 1964 1975 ) atherkote (P) 1963 (fibers in emulsion) (Thermal Kofe since 1976) .1977 ) Duriseal (I) (fibers in emulsion) 1964 1973 ) Thermal Coat (I) (fibers in emulsion) 1964 1964 ) Air Check (P) (fibers in emulsion) 1963 1971 ) Block Stick (P) 1963 (Prior to 1965 contained amosite 1965-1972, contained chrysotile) 6/28/72 ) Gunisul (P) 1963 1966 ) Mix A (P) 1963 6/27/72 100.0(C) Approx. 3.0(C) Approx. 3.0(C) Approx. 3.0(C) Approx. 3.0(C) Approx. 3.0(C) 22.0(C) Approx. 1.0(A) 6.0(C) tied !100 ft coils1/2-3 " in diamater 5, 30 & 55 gal steel drums 5, 30 & 55 gal steel drums 5, 30 & 55 gal steel drums 5, 30 & 55 gal steel drums 5, 30 & 55 gal steel drums 6 gal steel containers . 50 lb bags 5, 30 & 55 gal steel drums f 2- : SCELLANEOUS PRODUCTS ' 1) Fibrous Adhesive (I) x) Hytempt Flexible Compound (P) i) Expansion-Joint Material (P) PERCENT AND C-E ESTIMATED TYPE OF START STOP ASBESTOS CONTAINER 1964 1965 13.1(C) steel container 1963 1972 30.0(C) 5 gal steel containers 1963 1966 100.0(A) 25 lb bags SULATING REFRACTORIES .) Light Wate 22 (M) `1969 6/26/72 SCELLANEOUS PRODUCTS STRIEUTED EY C-E ] -12 Calcium Silicate `-"lock 1963 ) K-12 Calcium Silicate Pipe Covering 1963 ) K-20 Insulating Block 1963 ) Kaylo 10 Calcium Silicate Block 1963 )Kaylo Calcium Silicate Pipe Covering 1963 } Kaylo 20 Block 1963 ) J-M Thermobestos Calcium Silicate Block 1963 1969 1969 1969 1969 1969 1969 1969 10.0(C)/ 27.0(C) Unknown Unknown Unknown Unknown Unknown Unknown Unknown 50 lb bags *r ) J-M Thermobestos Calcium Pipe Covering 1963 1969 Unknown -3- * SCELLANEOUS PRODUCTS ' ) J-M Asbestos Cloth ) J-M Asbestos Gasketing PERCENT AND C-E ESTIMATED TYPE OF START STOP ASBESTOS 1963 1969 Unknown 1963 1969 Unknown CONTAINER Y ) - Port Kennedy, Pennsylvania ) - Aurora, Illinois ) - St. Louis, Missouri ) - manufactured . ) - distributed ) - containing chrysotile ' ) - containing amosite +* 3JW0RK4/0/ds i/R3 -4- EXHIBIT II v.o:?! -;v:'iC i D 5 * u - > ;*r. *. ## hiB w* '+ .r